By Ikechukwu Nnochiri

ABUJA — The Supreme Court, yesterday, affirmed Governor Rauf Aregbesola as the valid winner of the governorship election that held in Osun State on August 9, 2014.

In a unanimous decision, a seven-man panel of Justices of the apex court, led by Justice John Fabiyi, dismissed two separate appeals that were lodged against Aregbesola’s victory by the governorship candidate of the  Peoples’ Democratic Party, PDP, i,  Senator Iyiola Omisore.

The apex court held that Omisore’s appeal grossly lacked merit, even as it upheld the concurrent judgements of both the  Osun State Governorship Election Petition Tribunal and the Court of Appeal in Akure.

Delivering the lead judgement Wednesday, Justice Centus Nweze, held that the lower courts were right when they decided that the petitioner (Omisore), failed to prove any of the allegations that he raised in his petition.

Gov. Rauf Aregbesola of Osun celebrating his re-election in Osogbo on Sunday

The apex court stressed that after going through the record of proceedings at the two lower courts, it observed that Omisore was unable to adduce any evidence in respect of alleged disenfranchisement and intimidation of PDP members in the state during the election.

It noted that none of the witnesses, established that the election was characterised by over-voting and widespread electoral malpractices as were alleged by Omisore.

“In the absence of credible evidence by the appellant to prove that there was substantial non-compliance and gross infraction to the Electoral Act, his allegations could best be said to be merely speculative and hypothetical”, Justice Nweze added.

The apex court further berated Omisore for filing two separate appeals, saying the appeals were not only unmeritorious, but aimed at wasting the time of the court.

The panel resolved six out of seven issues that were formulated by the appellant against him, just as it upheld a cross-appeal that was lodged against Omisore by Aregbesola.

According to Justice Nweze, “In the final analysis, I hereby confirm the concurrent decision of the two lower courts on the return of Governor Aregbesola as the valid winner of the August 9, 2014, governorship election in Osun state.

“This appeal fails and is accordingly dismissed for want of merit. Parties are to bear their cost”.

Other members of the panel that equally concurred with the lead judgment yesterday were Justices Musa Dattijo Muhammad, Olukayode Ariwoola,  Clara Bata Ogunbiyi, Nwali Sylvester Ngwuta and Justice Inyang Okoro.

Omisore and his party, PDP, had gone before the Supreme Court to challenge the verdict of the Justice Gana Mshelia-led panel of the Court of Appeal in Akure which had on April 2, 2015, affirmed the decision of the Osun State Governorship Election Petition Tribunal.

The tribunal which was presided over by Justice Elizabeth Ikpejime had on February 6, dismissed Omisore’s petition, just as it upheld Aregbesola’s election victory.

In its judgment, the appellate court held that Omisore abandoned his petition half way, an action it said was in gross violation of  paragraphs 18 (1) of the first schedule to the Electoral Act,2010 as amended.

However,  Omisore, through his team of lawyers led by Dr. Alex Iziyon, SAN,  alleged miscarriage of justice against him by the lower courts, saying he supplied enough evidence with a view to proving that the said election was fraught with manifest irregularities.

Omisore insisted that both Governor Aregbesola and his party, the APC rigged the election against him.

His appeal was challenged by all the defendants in the matter, comprising Governor Aregbesola, the APC and the Independent National Electoral Commission, INEC, who took turns and urged the apex court to dismiss the appeal in its entirety.

In his preliminary objection, Aregbesola through his lawyer, Chief Akin Olujunmi, SAN, contended that instead of suing the APC, the petitioner rather cited the All Peoples Progressive Party, APPP, as the 2nd defendant in the matter.

He argued that Omisore introduced “a strange party” that was not part of the matter at the lower courts.

He placed reliance in the decided case-law in PPA vs INEC, 2012, 13 NWLR, part 1317, to insist that the fact that the parties were not properly constituted, affected the competence of the appeal.

Olujunmi told the apex court that the appellant called a total of 43 witnesses that testified before the tribunal, adding that their testimonies were discredited on the basis that they were mere “hearsay evidence”.

“My lords, there was no piece of evidence the appellant could rely on to sustain his petition. I therefore wonder what evidence he wants to rely on to move this court to allow his appeal. This appeal is liable to be dismissed and I urge this court to so hold”, Olujunmi added.

Similarly, the APC through its lawyer Mr. Rotimi Akeredolu, SAN, urged the apex court to dismiss Omisore’s appeal.

“If judgment is given in this appeal as constituted, it will be against a person that was not a party to the action. APPC was never a party to the substantive petition”, he argued.

He noted that despite the fact that there are 17 local government areas in Osun State and 930 polling units, the appellant only called 43 witnesses to prove his allegation of widespread irregularities.