The Court of Appeal sitting in Benin, Edo State, has fixed November 10 for hearing of petitions on the Ondo State governorship.

The News Agency of Nigeria ( NAN ) quoted the chairman of the panel of judges, Justice Umaru Adbullahi, as saying on Monday that all the petitions regarding the governorship election in the state would be determined together.

39 Responses to “Election Petition: Appeal Court to Start Sitting on November 10”

  1. Iroko Kekere UKon 15 Oct 2008 at 9:44 am

    Now that we all know when the appeal hearing is scheduled, our prayers as usual must continue. The God who did it once, so surely he will do it again. Justice will reign.

  2. efapoon 15 Oct 2008 at 10:22 am

    i hope the LP legislators in the house of assembly must now be on ground displaying the stuff they are made up to through implementing laudable programmes and organising seminars on good governance.
    one should be able to differentiate between the old politicians in PDP and new breed in LP.

  3. omotayloron 19 Oct 2008 at 10:03 am

    Our Lord God Jehovah, the most high, the greatest of all is already in charge of this case and to Him we look up and pray to. He has decreed that the truth will prevail in this matter and the heavens have said AMEN. The joyous result when Mimiko was declared governor and Agagu removed from office will resound again in this petition, for it is very clear to all that Agagu is not only a power sector thief but also a mandate thief, amongst other cases of thief thief in Ondo State to date. I want the people to have full confidence in the integrous ability of the Umaru Abdullahi panel to deliver the just and truthful verdict. We dont need to tease our brains on this mattter. Ondo State knows that Mimiko won with a LANDSLIDE victory and the people who were fed up with Agagu then are more than fed up with him now and they will not fold their hands and allow this impostor called Agagu back into the lives of the people in Ondo State.

    All remain blessed and keep :) ling.

  4. olaon 20 Oct 2008 at 9:28 am

    What I expect us to be doing now is to see how we will be changing the lives of the people. Electing people of integrity and focus as commissioners and advicers to the Governor etc. Our next terget is to see how LP can take over the South-West. Am from Oyo state and because of Dr. charater I have decided to join the LP, early not in any party, my plan is to sake Ogbomosho as Dr. did in Ondo state. You are a father. I desire to me your group of talent politician one day and am sure I will meet them one day. politics is not all about money but tactics on how to move and play your games. We will play the games rightly. Our turn is on the way. I need a link with the LP in Oyo state pls.

  5. omotayloron 22 Oct 2008 at 2:18 pm

    @Ola, you are a person of wisdom for chosing to be with Labour Party. Mark my words, Labour Party will be a major force to be reckoned with in the New Nigeria that will emerge a few years from now, and this is just the start of many good changes that will sweep across our nation. Yes, people of integrity who are ready to serve and wash the feet of the people are needed in politics and not those who want to be edified and personified as demi gods, or those who want to keep slicing up and pocketing the national cake. Have you tried to ~Google Oyo State LP and follow the links? Peace :)

  6. Emeka Ogbonayaon 26 Oct 2008 at 9:18 am

    Let not over rejoice yet. Let us wait for the outcome of the appeals court. Remember the outcome of Omoboriowo and Ajasin case in the Second Republic. Let’s not forget PDP is the ruling party both in the Federal and and State Level. Anything can happen again like the second republic.

  7. Iroko Kekere UKon 27 Oct 2008 at 8:49 am

    God does not sleep and can hear the cries of the oppressed. PDP rejoices before court verdicts while LP engages in fasting and prayers. Our God who was there for us at the tribunal is the same God that is in control still. Remember David and Goliath? God’s ruling is above both the PDP’s federal and state levels. We leave him in CHARGE. Justice 4all.

  8. omotayloron 27 Oct 2008 at 2:19 pm

    Iroko Kekere Uk, thanks for the positivity and yes we put absolute trust in God for He is in charge and we have full faith in the justice that will come our way next month. We should rejoice and be glad in God. We should be positive and have FAITH, and we should keep praying and fasting as we have been doing since April 2007. Our Lord God will not let us see the Righteous begging bread. PDP were the ruling party at Federal and State level before PDP and Agagu were found guilty of election rigging by Nabaruma, and yes they could still be the ruling party but that will not change the truth in Ondo State this time around. A new wind of change is blowing and this case is quite different from the Omoboriowo/Ajasin case for since then, the people have become much much wiser and will not settle for neo dictatorship as we had in the 2nd republic. Nigerians and indeed Ondo State people are no longer just interested in hero worship, sycophantic praises for meager paltry bribe money and so on.

    The people want good Governance, they want basic amenities, good roads, good education for their children, employment opportunties and above all, good health care. These Mimiko will work on from Day 1 of assuming office. Why on earth will people who are hungry, starving and dying, agree that pumping millions in a stadium, and billions in Idanre hills is the priority? Yes tourism is important, but first things first. The common man who have no choice but remain with his/her family in Nigeria need welfare facilities first.

    Governor elect Dr Rahman Olusegun Mimiko, God is your shield and buckler, in Him only you trust and while those who trust in chariots and horses stumble and ultimately fall, you Dr Mimiko, LP and we supporters of truth, democracy and justice will rise and stand upright, by the grace of the living God. Peace :)

  9. OmoAkinon 28 Oct 2008 at 1:18 am

    All,

    Let me take this opportunity to appreciate everyone that has contributed to this forum. I have constantly read people’s contributions, even though I haven’t put in any words yet, but I can not but admire the believe, resilience and loyalty of some of the guys here. I have been particularly impressed with Omotaylor’s comments and I believe Nigeria needs people like him/her and I can see this forum developing into something big in the not too distant future. Yes, what happened in Ondo state and indeed some other parts of the country, during the “Selection” of April 2007 could only be likened to what obtains in a lawless jungle. The will of the people was violated courtesy of the most flawed electoral process, possibly in the history of mankind. International observers concluded that the process fell short, even of African standard!! We all know what African standard currently is as exemplified by Mr Mugabe and other sit tight bigots in the continent.
    All hope is however not lost if the country could still produce the likes of Justice Nabaruma and his colleagues that showed Agagu and his cohorts the way out. With God on our side, Agagu’s discomfiting end will be cemented by the appeal court who will undoubtedly uphold the will of the people of Ondo State. We must not be complacent though, as the struggle is far from over, we must be full of prayers to God so that our deliverance from the hands of “Do or die” Thugs will be complete.
    Remember the words of Robert Francis Kennedy “It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope.”
    With Iroko warming up to take his mandate, that was freely given to him by the people of Ondo State, HOPE IS SURELY ON ITS WAY and Ondo State will rise again…
    Remain blessed.

  10. omotayloron 30 Oct 2008 at 11:11 am

    @Omoakin, thanks to you sire for your kind words. I’ve been raised never to forget my manners so I will always say my thanks and pay my respects. I am warmed to find another strong pillar in the fight for true democracy in you and from one omoakin to another I say, we will not be beaten, we are overcomers, the Lord will hearken unto our cries, Ondo State state people’s yoke imposed for over 5 years by an uncaring and lovelustre governor Agagu will be alleviated.
    His Excellency Iroko, Mimiko is up to and very ready for the task at hand, and all I do and say is borne out of deep down love for my people in Ondo State. Even though raised in Lagos, I remember being the only 8 year old who in my school and at home will sing:

    KO SI BI TO DABI ILE LEYE NKE O
    KO MA SI BI TEMI FE AFI LU TA BI MI
    ILU OWO ILU OLA NILU NIGERIA
    IBUKUN OLUWA WA LORI ILE BABA MI
    ILU MI ILU MI, ILE-OLUJI
    O DARA, O SUWON, ILU TO TO BI
    KO SIBIKIBI TI MO LE WA LORI LE AIYE
    EMI KO JE GBAGBE ILE BABA MI (pardon my tears)…

    Words are powerful, many decades on, this song is being put to adult use. God is wonderful and unfathomable are His ways. I just thank God I was opportuned to have true love for the common man. I visit my people regularly and I relate to the common man just as I relate to the other classes. I pray God that Justice is Done, and the truth given a chance. I know it is well and God has done it, but we pray and press on. Be blessed. :)

  11. omotayloron 30 Oct 2008 at 11:20 am

    Dear All

    A thought for today:

    Let us examine some names as they appear in the book of life…

    We have the Abrahams, Josephs, Joshuas, Moses, Daniel, Hannah, Ruth, Esther, Mary, Deborah, Elijah, Hosea, David, Samuel, Peter, John, Timothy etc

    We also have the Sauls, Ahabs, Hammans, Jezebels, Herods, Pontious Pilates, Annanias’, Saphiras, Judas’, Lucifers etc

    Take a good look, and a honest one at that at your inner self. The self that only you and God knows, not the outward pretentious self you have presented to mankind. Which of the above name will you be really truly called? And why? No one can fool God. It’s not too late to change and join the names that appear positively in the book of life.

    Oruko rere san ju gbogbo wura ati fadaka ile aiye yi.

    Peace :)

  12. omotayloron 03 Nov 2008 at 1:43 am

    Another brand new day, the start of another week, in a very important month of November has dawned. First we give glory to our almighty God Jehovah, the Omnipotent, Omnipresent and Omniscience. Our Lord God Jehovah Jireh, Rapha, Nisi and Elohim. He is the author and finisher of our faith. He is a GOOD God, and will never see the righteous forsaken. Our God is Able and Wonderfully able to deliver those who trust in Him.
    Our God and Father is worthy to be praised. He has spared our lives to this very moment. He has seen us realise our desires over our enemies. God is the I AM, i.e. He is a God of all possibilities. In this crucial month, God will reveal Himself. What is man when there is God? Nothing. We pray on and petition God for A CHANGE in Ondo State. The wind of change is blowing and we just cannot pretend we dont feel it in the air. The world at large is adapting to change in many ways but in Ondo State, this change will be for the BETTER. Ondo State deserves a break. Let us look at USA, God is hearkening to the cries of the oppressed, hence OBAMA and democracy are on to a winner and a new thing is happening. By the grace of God Obama will win the race as president of the United States, and gradually the world will settle down, world peace would be realised and the negative ripple effects which is affecting our lives especially economically, will gradually deminish.

    Now let us come home again, to Mimiko, Labour Party and the fight for JUSTICE and fair play in Ondo State. Let us remember the race so far and petition God in truth and honesty. God will not answer the prayers of the wicked. Mimiko was voted En-masse in the April 07 polls. Mimiko is THE MAN OF THE PEOPLE in Ondo State. Mimiko is the GOVERNOR – elect, he has been vindicated by God in the tribunal. People like Nabaruma who did not concede to bribery, blackmail and cajoling, will be remembered for good in Ondo State. This appeal is a paper excercise for Agagu knows deep in his heart that he is leaving on borrowed time, for he has been living a lie. His effective and official and true governorship in Ondo State, ended in April 2007. The sham governance in Ondo State has not fooled the people. The news and media campaign of deceit and planned foolery has failed.

    I am ever proud of my people in Ondo State. They have taken the path of patience and peace and are hopeful that this will not be in vain. Our fight for justice will not be in vain. God is in control.

    I call on all the good people of Ondo State to rally round and tripple their prayer intensity as we move on to the 10th of November and the day of justice. This day will be a day of VICTORY for Mimiko, LP, and the people of Ondo State. This day will be a day of gnashing of teeth for Ondo State PDP and Agagu. God is going to say ENOUGH IS ENOUGH. God is patient and dont want the death of a sinner, but God will say to the unrepentant – YOU ARE DOOMED. We cannot fight for ourselves but God can fight for us. His ways are not our ways and His thoughts are not our thoughts. God’s timing is for a purpose. This month we go to our Shiloh with the confidence that this time around, we will come back with our stolen MANDATE. I appeal to the people, never to have any doubts about the ability of God, to take back from an impostor, the position he has stolen

    I call again upon His Excellency, Dr Rahman Olusegun Mimiko. First I pray again for you as always that our Lord God will continue to be your mentor, anchor and support. Our Lord God who has brought you this far will never forsake you. You have the mark of God on you and this mark is for your destiny which includes the governance of Ondo State and on to the governance of Nigeria. You are born to be great, and you will see the rewards of the enemy with your own two eyes. Dear Governor Elect, e ku ipalemo. E gba si beeee si. Yes, dear Governor elect I will sing for you this early morning in the dawn of a new era:
    Ma foya ni apa Jesu
    Ko si ohun eru man
    Ina ti njo ko le sunmo o
    Ogun esu ti di itemole.
    O ro mo apa Jesu
    O ka ohun gbogbo sa san
    Ma foya iwo okan wa
    ISEGUN NBE NINU EJE JESU.

    I am visualising a new Ondo State. A peaceful and clean atmosphere. An Ondo State with aleviated sufferings of the common man. An Ondo State with fresh clean water running through pipes for all. An Ondo state where electricity will be constant, where there will be good education for our children and good health programmes for all. I visualise an Ondo State with good roads. An Ondo State that will become a MEGA CITY, where the infrastructures will improve tremendously. Where the aged will have comfort, where pensions will be available to all eligible, and not just a few, who get it to become sycophants. The lives of my people will change drastically. This new dispensation coming to Ondo State under the governance of Dr Mimiko will wipe out corruption, treasury looting and power plays. There will be proper accountability, no game plays, no playing to the gallery and no PHANTOM projects. No widespread awarding of contracts to only family and so called friends, no more shame and terror. PDP dont you fear, all that will happen is that you will amend your ways and accept the new order. Yes you will be called to account for the billions and billions you said you have spent under Agagu. But above all, PDP the Lord will arrest your soul and heart and make you accept the good governance. For those of you that have decamped to LP, good thinking, right choice and sensible. LP walks with God, and God is ready to support LP to the very end, as long as they walk in honesty, integrity and truth. No more making a fool of the people. DEMOCRACY IS HERE TO STAY.

    I pray for you Dr Agagu. Yes you have been corrupt, you have not shown true love of the people, and you have sorrunded yourself with people that have led you down this path of destructio n. They did not do this because they love you. They all did it for what they could gain from you; i.e. POWER AND MONEY. Neverheless, God will spare your life so that you can face all the charges of corruption and appropiation in front of you. God will humble you so that you can openly apologise to the people of Ondo State, Mimiko and LP, for all you have put him through. God will give you a repentant heart. Accept your fate. You have held on to someone else’s mandate for too long. Dont cry when the rightful owner takes it back. Just go and find a way to face your Waterloo.

    I wish all the good people of Ondo State a happy new month and the blessings of God. Please continue in your prayers for truth and democracy. God will answer our prayers, Amen.

    Peace ;)

  13. olaon 03 Nov 2008 at 9:51 am

    Omotaylor, with respect in any case it may be. I will appreciate to speak to you. You are full of wisdom, love and passion. I want to believe that this are not political tools of speech. I just love your speeches. As Ondo by induction (wife to be from Ondo), not for selfish reason the youth need to have persons like to speak to them and our hope will be rekindled. You are the people this nation need, persistance in all they do, I have noticed, even when no one is commenting on this forum, you keep the fire going. I love that spirit. Like OmoAkin said I see this forum developing to become a great one. It is time for our NEXT LEVEL. Can be contacted on 08035380697, 084791184.
    As a graduate I love people that love to resturcture other peoples life. I will be a part of develpoment in Nigeria. I desire for His Excellency to resturcure this site and use it as a tool for raising like minded people that will turn this country around. Am proud of Rotimi Amaechi – I stand for what he knows it is right, despite all odds by his own people. I love people like that.

  14. omotayloron 03 Nov 2008 at 5:24 pm

    @ola, welcome to the family of good people in Ondo State and thanks for your kind words. I have noted your telephone numbers and will try to phone or text you sometimes soon. We give glory to God that we are able to impart on eah other’s lives and the good God will grant us years and years of success in all our endeavours (amen). God will surely take us all to our deserved next level in Jesus name. I say a big AMEN to your declaration to be part of development in Nigeria.

    I am confident that our team of able Admin personnel have been noting the people’s wishes that this site remains perpetually open and develop and they will work on this. We the people must on our own part keep the fight for justice and fair play burning on this site and in our personal lives, especially as we relate to others. I also admire Rotimi Amaechi and the likes of Donald Duke and others who have kept their integrity and good name intact. I pray we do not ever derail from the truth.

    I promise you that whatever I write comes from the heart and with deep conviction. I am not a politician (yet) and will not know the political language. I may not even ever succumb to political languages for truth and integrity is the key and answer to progress and success, not foolery and high sounding but empty words. I strongly believe in our man Mimiko, his ideologies and his intellect. I am moved by his humility and forbearance at all times. I am encouraged by his fortitude, and I have been learning (long distance) a lot from his life history.

    It is my prayer that many more youths will have your flair for goodness of heart and character. Ondo State in marrying you will be gaining a good wife and you will be blessed.

    You may wish to visit the Community pages on African Loft and write to me via the link there. Just go to http://www.africanloft.com. I hope there are mny more like you out there who would join this group and follow a worthy cause to its just and rewarding end.

    Remain blessed and remember – one for all, all for one.

    Peace :)

  15. olaon 04 Nov 2008 at 4:35 am

    Am glad to meet people like you. I will desire that an opportunity for as many as we can convey on this forum to meet and rob mind together. This will be intresting. Forum where we can have young leaders to speak to youths with aspiration of becoming future leaders. Love you all

  16. omotayloron 04 Nov 2008 at 4:21 pm

    Dear Ola,

    Thanks again for your comment above. I must confess I wasnt quite sure if you were genuine or just one of the sort we have had in the past, who tried to resort to personal threats, lies and labelling because they could not cope with the truth. But then I thought to myself, s/he who dwells in the truth and Godly truth will never have anything to fear. Hence I decided to contact you. Thanks for your text response. We cant be too careful for we live in a very wicked world. I can see you have the fear of God, the love of the people and the making of a leader. One day we will meet and before then, we await our Mandate, which by the grace of God will be handed back to us soon.

    In the new dispensation, under his Excellency Dr Rahman Olusegun Mimiko, the youths will never be left out. Aren’t they all the leaders of tomorrow? Some time ago, it was Awolowo, Azikiwe, Gowon, Murtala Mohammed and so on. Then it was Abiola, Obasanjo??? Abacha??? Babangida??? and so on. Don’t forget the likes of Wole Soyinka, Gani Fawehinmi and so on. Recently times have produced people like Donald Duke, Babs Fashola and so on. Today amongst the present leaders, Mimiko stands out tall and able. Tomorrow who knows who it will be? One thing is clear, for leaders of tomorrow to turn out as men of the people, loving, caring and have integrity, they must have the right mentors, the right tutelage and the right approach to life. So I agree with you that the present day youths could do well with mentoring, leadership training, political governance and other life education programmes. Programmes like Time Management, Customer Care, Stress Management, Handling Aggression, Organisation Development and so on, would come in handy if taught diversely from this present time. Yes the youths need to be prepared to take over in the future.

    Our Governor Elect will definitely fit this into his Governorship Agenda. We do not want half educated, untutored and unprepared leaders in the future. I pray that many more youths, in their thousands will aspire to be great and lead our dear country Nigeria in the future, just as you are right now. There will be room to rub minds, share and care in the new dispensation. Just watch out, and for now pass the word round to your friends. Let us take the Obama example, hasnt he proven to the whole world that you can be anything you hope to be by the grace of God? I pray he wins the race. In a few hours we shall know the result. Look at Governor Elect Mimiko, how many of our youths could boast of patience, fortitude and forbearance as he is doing? Even me, can I boast of such? But we should learn daily and take the best from the rough. I dont know HE that personally but what I know of him by “his leadership by example” lifestyle is enough for me to vouch for him and take so many flack for the worthy cause he is championing.

    The internet might not be the only forum for the young and old, the fresh and experienced, the leaders and leaders to be; to join hands and heads, so in the new Ondo State, there will be programs to incoporate all these. Whatever we can do on the web, by the grace of God, we will try. We could have debates, competitions, essays and what have you. All these we will bear in mind, and to admin, please take note of the wish and request of Ola.

    Pass the word round to friends and colleagues. We are all one in Ondo State. This is not a case of vanquished and victors. This is a case of doing what is right, fighting for your right, giving Democracy a chance and letting truth and justice prevail. Agagu stole the people’s mandate bestowed on Dr Mimiko. We have won it back. Agagu is on appeal. The truth will be upheld once again, and Ondo State will be allowed true, transparent governance that will propel Ondo State forward into worldly recognition. The poor masses will have their sufferings quashed and life will be made easier for all; hence Mimiko has said that THERE IS ROOM ENOUGH FOR ALL IN ONDO STATE. We just want to make sure that there is no more room for looting, corruption, bribery, inflated contracts, phantom projects, misplaced priorities, foolery and fallacy in Ondo State.
    Dear Ola, you must agree with me that I have said enough for now. May god continue to guide and guard us. May we continue to gain Godly wisdom, knowledge and understanding. May God give us patience and forbearance. The road ahead will be full of hard work, for a lot of damage has been done. So the youths must be patient and open their eyes to the truth about good governance.
    “Ikoko to ba ma je ata, idi e a gbona”. We shall all have cause to laugh and be happy in a few years time when we see the new Ondo State that we shall all be proud of. A new Ondo State that will earn its name – THE SUNSHINE STATE. Peace :)

  17. olaon 05 Nov 2008 at 4:19 am

    Not to go too far OBAMA IS THE PRESIDENT OF USA. There is revolution that is coming in Nigeria. I can see it. I will want to make History as OBAMA and likes. Those whose send treat messages and calls are cowards and irresponsible people. That is why the good people missed alot because of the evil ones. I know that God will bring a GREAT CHANGE to our Nation. My GO, Pastor E. A Adeboye commissioned us to be a blessing to Nations and I will fullfill that Prophesy in my Generation. I have friends, youths who God is breeding to become what God had destiny us to be. All what they need is the Righteous mentor and not to be used as political tugs etc. I was part of those who contributed to the setting u of Donald Duke for President websites. Am sure one day he will become. Congrates to Dr. Mimiko and Obama. God had spoke and no man can change it. This month is a month of Unspeakable Joy.

  18. omotayloron 05 Nov 2008 at 7:01 am

    Amen. God is good. We congratulate our good people of Africa and Democracy for the American Presidential result. Nigeria should learn from the peaceful, non violent, no rigging, non bloody election. Our leaders should learn how McCain was gallant in defeat and Obama humble, but resolute and all involving in Victory. There was no mass thumbing in private homes, no ballot stealing and stuffings, no intimidation, no police/military threats. There was no thuggery, no fightings and no killings. This is civilisation and Godliness. Nigeria should work towards this please. No more stealing of mandates, cheating and corruption in Ondo State. I beg my people, dont be used as tools or weapons of destruction. Those who set others out to kill, will always habour and protect their own, or even send them out of the country. There must not be any bloodshed in our dear Ondo State. We know we have won because this is a clear cut case. Nabaruma was very clear in his judgement. When the news comes that Mimiko has a second time been awarded his stolen mandate, let us just accept the truth and respect the wishes of the people. I quote Mr President -Elect Obama:
    “a government of the people, by the people, for the people”. This is what Ondo asked for. No more politics of do or die. No more frustrating the wishes of the innocent. We can all eschew babarism, thuggery, corruption and wanton destruction of lives.

    Let us all join voices in praying for peace in Ondo State this month. Let us pray that God averts fightings and killings that the enemy will want to unleash via other people while they protect their own interests. Mimiko will be declared governor. This is the right thing to do for MIMIKO WON THE APRIL POLLS. Those living on borrowed time should please just accept their fate and next time avoid cheating and looting.

    God will see us through. Peace :)

  19. fredon 06 Nov 2008 at 10:05 am

    Judgement day for EDO state guber on the 11th of November , a day after ther hearing of Ondo State appeal. Let us keep praying for the right thing to be done at the appeal court.
    All remain blessed.

    Osunbor, Oshiomhole know fate Tuesday – Benin monarch calls for 3-day fast
    Uchechukwu Olisah, Benin City
    Thursday, November 6, 2008
    THE Court of Appeal has fixed November 11 for delivering of judgment in the governorship appeal petition by the Edo State governor, Professor Oserheimen Osunbor, against the election victory of Comrade Adams Oshiomhole at the lower tribunal.

    advertisement

    Osunbor was the candidate of the Peoples Democratic Party (PDP), while Oshiomhole was the candidate of the Action Congress (AC) in the April 14, 2007 governorship election in the state.

    The state Election Petition Tribunal had on March 20 nullified the election of Governor Osunbor and returned Comrade Oshiomhole as the elected governor of the state. Nigerian Tribune gathered that the date which had been communicated to the first, second and third respondents through their lead counsel, Alhaji Abdulahi Ibrahim (SAN), was signed by a senior registrar.

    The letter, which conveyed the message was reportedly dated November 5, 2008. The judgment would come under the appeal Number: CA/B/EDT/91/08 with suit Number: EDGV/EPT/1/07. “Take note that the above mentioned appeal will be listed for judgment before Court of Appeal of Nigeria sitting at Court of Appeal building November 11, 2008 by 9 O’clock.

    “It would be recalled that Justice Umaru Abdulahi-led five-member panel of judges had on October 4th, 2008 concluded hearing on the governorship appeal after a prolonged delay.

    “Justice Peter Umeadi-led panel had on March 20 delivered judgment at the lower tribunal on the governorship petition brought before it by the AC guber candidate,” the letter read in part.

    Meanwhile, the Benin monarch, Oba Erediauwa, has directed all the people of the state to begin a three-day fast commencing from tomorrow with a view to preventing killings and bloodshed in the state.

    Nigerian Tribune gathered that even if not expressedly stated, the Oba of Benin’s directive might be connected with an attempt to ward off from the supernatural realm, any violent outcome that could come with the judgment of the Court of Appeal in the governorship election appeal.

    A statement signed by the Secretary to the Benin Traditional Council, Chief Osaro Idah, said the monarch’s directive became necessary in order to enable the ancestors to guard and watch over the state and bring peace to the Benin Kingdom as well as the entire state.

    The fast, the statement added, should be from 6.00 a.m. to 6.00 p.m. in each of the three days, and that persons who could not endure for that long should start and end by mid-day.

    According to the statement, during the period of fast, everybody was expected to pray to God to keep from Edo State and the country at large any thing that would lead to killings and blood-letting It further added that all residents of the state, irrespective of their religion should take the exercise seriously.

  20. efapoon 06 Nov 2008 at 12:06 pm

    the game now is 60 – 40% in favor of oshiomole. going by the lanmark judgement and the final briefs of the respondent( oshiomole) it was made clear that appeal case is a continuation of the case from the lower court.
    new request cannot be made.
    it is our prayer that as the wind of change is blowing around the world so we are gonig to see better changes that people has been yearning for in both ondo and Edo states.

  21. omotayloron 06 Nov 2008 at 6:31 pm

    Amen and Amen O. Let the truth prevail, justice be done and Democracy win the day in Jesus name. Ondo State will have a better and new beginning and the Edo State ruling will uphold the truth, to be followed by same upholding the truth in Ondo State. Mimiko is on to a WINNER.

    We are blessed. :)

  22. efapoon 07 Nov 2008 at 5:40 am

    God is hearing our prayers earnestly: read thisThe Economic and Financial Crimes Commission (EFCC) has stopped the disbursement of N1 billion unsecured loan to politicians in Ondo State, it emerged on Wednesday.

    The EFCC Head of Media and Publicity, Femi Babafemi, said the Commission took the “preventive decision” after it received a petition from a concerned indigene of the state.

    Two months ago in Akure, the EFCC picked up the state’s Accountant General, Folake Ogunnika, and quizzed her based on a petition alleging a plot to disburse the loan.

    A week later, the Commissioner of Finance and three Directors in the ministry were also arrested.

    The petition was lodged by Oladele Yusuf, who alleged that despite the ruling of the Ondo State Election Petitions Tribunal which annulled the election of Governor Segun Agagu, he approved the loan for his appointees.

    Yusuf alleged that Agagu used the loan to bribe politicians in the event that he loses his appeal against the tribunal ruling.

    He pleaded with the EFCC to ensure that the state’s funds are not mismanaged, saying he foresees a situation where the money would not be recovered if Agagu is eventually removed from office by the Court of Appeal.

    AWA NA NI SEGUN, TI KI I SE APA BI TI AGAGU, AWA NAA NI SEGUN.

    IROKO YI TI SEGUN, OTI TILEKUN MO AWON OJELU, IROKO YI TI SEGUN.

  23. efapoon 07 Nov 2008 at 5:44 am

    Mimiko advises Agagu to emulate McCain

    The Labour Party governorship candidate in Ondo State , Dr. Olusegun Mimiko, has advised Governor Olusegun Agagu to emulate the defeated Republican Presidential candidate in the United States, Senator John McCain, who conceded defeat to Senator Barrack Obama of the Democrat.

    Mimiko, in a statement made available to our correspondent in Akure on Wednesday, congratulated Obama who was elected as the 44th US President and the first African-American to occupy the White House.

    Mimiko, who was declared the winner of the April 14,2007 governorship election in the state, counselled the incumbent governor and other politicians to emulate McCain who conceded defeat when he knew that his opponent had won the race.

    He asked the governor to accept whatever verdict the Appeal Court, Benin, which is hearing the appeal, would give.

    He said, “I want to join all lovers of democracy all over the world to congratulate the people of America on their resolve to put aside racial barrier to vote overwhelmingly for Obama, an African- American.

    “It is even germane, however, to note the speech given by his opponent in the election, McCain, who in conceding defeat, told his supporters that: “The American people have spoken, and they have spoken clearly. This is the spirit of democracy. Leaders must not aspire to rule at all cost.”

    THEY WILL NOT HEAR UNLESS THEY ARE PU TO SHAME INANOTHE ONE MONTH.

  24. fredon 09 Nov 2008 at 12:57 pm

    There is virtue in patience and indeed some belief in their own human strenght while others belief in the Divine strenght. It is WRITTEN that those who do belief in the human strenght will be frail and weary as this has limitation (no matter how powerful the individual or group is) but in contrary, DIVINE strenght has absolute no LIMITATION. We do know that our own `IROKO` and the people of Ondo State do belief in the Limitless strenght of GOD who will reward those who are patient, and patience indeed have the good people of Ondo State and their chosen LEADER, Olusegun Mimiko.
    Let us all remain prayerful as the appeal sitting comes up tomorrow, November 10th 2008. Do not fret as fear is `false evidence appearing real`. The fake shall try to instill fear in the inocent but this will never work again in Ondo State.

    All remain blessed.

  25. omotayloron 09 Nov 2008 at 3:41 pm

    Yes tomorrow is another landmark day that will culminate into final victory for our Governor-Elect, Dr Rahman Olusegun Mimiko. Time has not erased the bitter memory of that great injustice done to Democracy, Our dear Ondo State, Labour Party and Indeed Dr Mimiko our Iroko. The wheel of change is still spinning and the truth will prevail. The wrongs that was righted by Justice Nabaruma will be perfected through God by Justice Abdullahi, for in Nigeria, there still remains men and women of integrity and the fear of God. We fear no man for we believe in the one true God, the Author and Finisher of our faith. Just a few hours to go and the sitting would commence. We pray on with wholesome expectation of a swift ruling and declaration once again and finally that our Governor-Elect is Governor of Ondo State and the impostor on sit has absconded.

    It’s a shame that it had to take this long, for it is my people that are suffering while injustice is being done. But you see, hope is good, patience is a virtue, Godliness is awesome and TRUTH IS THE VICTOR. Whatever happens in life, God is aware of it and has a reason for permitting it. We cannot know better than God.

    Dr Rahman Olusegun Mimiko, be encourgaged and be happy. The light at the end of the tunnel is near at hand. You have been tested by God and you have passed in flying colours. Soon you will be tested by man in governing Ondo State and you will again pass in flying colours, for failure is not a word in your dictionary. Your enemies are soon put to shame, and your antagonists are dispersed into the wild. You stand solid as a Rock and he who comes against you will be demolished and is actually pushing a self destruct button. Didnt Baba OBJ try? Did he succeed? So who are these omodo OBJ that want to try you? God is your strength and not man.

    No anxiety from your followers for we believe strongly in God. The reasons why we trust you are reasons that God will be happy with. You have integrity, you are humble, you love your people and you do not have a defeatist attitude. All those mouths that tried to speak evil against you (they did not succeed), they will now speak well of you.

    God is good. We smile and dance and sing His praise for he has done so good to us. Peace :)

  26. oludotun ogunfoluon 09 Nov 2008 at 5:30 pm

    thanks be to God and by the grace of God it shall end well.

  27. kabiruon 10 Nov 2008 at 4:38 am

    i am not doubtful about tomorrow verdict in benin for oshomhole election. he is the governor. sure he is. nothing more. just like as i amhopeful about mimiko also.
    i love you all.
    kabiru
    from edo state.

  28. omotayloron 10 Nov 2008 at 7:34 am

    As we await feedback from today’s sitting, I will remind all lovers of justice and truth, and all who stand for true democracy in Nigeria, especially Ondo State, that God is on our side and we will have cause to really celebrate. Reading through the 281 pages of the Nabaruma report on Tribunal verdict of 25th July 2008, I dont know how anyone can fault either the report or the ruling. There was just the 1 Petitioner – Dr Mimiko and 8 Respondents of which Agagu is the first. The Petitioner proved his case, proved the ballot snatching, mass thumbings, falsified results etc. The verdict was given on the totality of evidence, of which Agagu brought in false witnesses (these people should still be charged for deceit), the police in spite of Shakara Oloje could not produce witnesses, INEC goofed big time etc.
    So what did Agagu hope to achieve by way of this appeal? To buy time so as to loot more by announcing phantom projects? To see who else he could lobby to help cover the truth? To force a re-election which would never be the case in Ondo State?

    No matter how long it takes, the truth will prevail and justice would be done. My only concern is that the Nigerian legal system seems to take so loooooong. Anyway we await our good news (whenever) and we shall fight on with prayers and perseverance.

    Peace :)

  29. Iroko Kekere UKon 10 Nov 2008 at 7:52 am

    Latest news from Benin, the Appeal Court has been adjourned till January 21 and 22, 2009.

  30. Iroko Kekere UKon 10 Nov 2008 at 8:02 am

    Main reason- Agagu’s new lawyer needs more time to study case.

  31. omotayloron 10 Nov 2008 at 9:43 am

    Or need to waste more time in a lost cause. Seems long but we shall wait, we shall not be discouraged and we shall see the end of all this falacy called political wranglings.

    Nigba wo ni maku o ni ku. Asiko Oluwa lo ju.

    Our governor Elect, your eminent excellency Dr Mimiko, see this not as a wait but as a blessing for ~God has a time for all good things and in Him alone we trust.

    Seems frustrating but Godly patience will win the day. By the way, who is this “new” Agagu lawyer and what happened to the old one? Just want to know. Peace oh, my Sunshine State. It is well. :)

  32. Iroko Kekere UKon 10 Nov 2008 at 9:58 am

    Correction, the dates are 19 and 20 January 2009. Not 21 and 22 as earlier stated above.

  33. Tunde Filaoyeon 10 Nov 2008 at 12:54 pm

    I have just finished reading this interesting piece. Pls enjoy this well written piece as always from our Prof at Temple.

    In the case of Mimiko vs. Agagu, et al., the five-member Election Petition Tribunal, headed by Justice G. M. Nabaruma, sitting at Akure, ruled unanimously on July 25, 2008, that Dr. Olusegun Agagu was not lawfully elected Governor of Ondo State on April 14, 2007, and declared Dr. Rahman Olusegun Mimiko as the duly elected governor, having satisfied necessary requirements as stipulated in the 2006 Electoral Act.

    As the case has proceeded to appeal, it is important for the general public to understand the three major legal issues upon which the Tribunal’s rulings were based. The first issue is about the validity of Ground One in Mimiko’s petition, in the light of the provision of Section 145(1) of the Electoral Act of 2006, which states that an election may be questioned on ANY of four grounds, including “(b) that the election was invalid by reason of corrupt practice or non-compliance with provisions of the Act” and “(c) that the Respondent was not duly elected by majority of lawful votes cast at the election.”

    Although the Petitioner’s wording, “malpractice and/or election not taking place at all,” would appear to be in alliance with Section 145(1)(b), the Respondents submitted that the ground is incompetent in law because the “proper” language of the Act was not employed.

    The Honourable Justices toed the noble path to justice by putting substantial justice over technical considerations on the grounds that the judiciary is respected not for legalizing injustice on technical grounds but for removing injustice. Accordingly, they ruled that there is nothing sacrosanct about the phrase “corrupt practices or non-compliance” used by the drafters of the Act to require strict adherence to the usage, as opposed to “malpractice” employed by the Petitioner, which carries the same meaning. Besides, there is nowhere under the law where it was required that the phrase in the Act should be quoted verbatim.

    The second issue is whether the jurisdiction of the Tribunal is ousted for non-joinder of necessary parties to the petition. Respondents contended that Mimiko failed to join specific INEC officials accused of misconduct during the election along with INEC as legal entities in their official capacity to answer the allegation of misconduct leveled against them, based on the principle of audi alterem partem, meaning, hear the other side, or no person should be condemned without a fair hearing.

    The Respondents further contended that the Petitioner is not entitled to lead evidence in proof of averments directed against statutory persons who are not joined as parties. Whereas the Respondents based their arguments on authorities of cases decided under the 2002 Electoral Act, the 2006 Electoral Act, which is a clear departure from the 2002 Act, is clear on the issue. Section 144(2) of the 2006 Act provides thus:

    “The person whose election is complained of is in this Act referred to as Respondent, but if the Petitioner complains of the conduct of an Electoral Officer, a Presiding Officer, a Returning Officer or any other person who took part in the conduct of an election, such officer or person shall for the purpose of this Act be deemed to be a Respondent and shall be joined in the election petition in his or her official status as necessary party, PROVIDED that where such officer or person is shown to have acted as an agent of the Commission, his non-joinder as aforesaid will not on its own operate to void the petition if the Commission is made a party.”

    What is so clear from this provision is that the entity on trial is INEC and not necessarily its officials. Since the Petitioner already joined INEC, it is incumbent on INEC to invite the relevant officials as necessary witnesses in defense of its case. This provision in the 2006 Act privileges substantial justice and it is, therefore, in line with the Justices’ ruling on the first issue.

    The third issue is whether the Petitioner has proved his case sufficiently enough under the law to entitle him to the relief sought, namely, nullification of results in certain disputed areas and declaring him the winner based on the number of LAWFUL votes cast at the said election, provided that the necessary provisions in the 2006 Election Act were fulfilled.

    The universally acknowledged standard of proof in civil cases is “preponderance of evidence” even if the allegations are criminal in nature. The highest standard of proof, “beyond any reasonable doubts,” is only employed in criminal prosecutions. This is why, for example, O.J. Simpson was acquitted in the criminal court but found liable in civil court, based on the same facts. The standard of proof has more to do with penalty applicable in a particular type of adjudication rather than the allegation itself.

    The Petitioner in the present case only needed to prove “corrupt practices or non compliance” by preponderance of evidence. This burden of proof falls into three categories: (a) the burden of production or evidentiary burden, which requires the Petitioner to establish a prima facie case; (b) the burden of persuasion, which rests on all parties to a case; and (c) the tactical burden, which requires either party to a case to prevent the court from making particular inferences from any evidence presented by providing evidence to the contrary. The Petitioner met the burden of proof in all three categories, whereas the Respondents failed to do so.

    The oral evidence presented by both parties negated each other on several occasions. This led the Honorable Justices to use the documentary evidence as corroborative materials, and the documentary evidence could not be more revealing.

    The documents showed incredible discrepancies, illegal voter registration cards, illegal signatories or no signatories where required, multiple voting, over-voting, falsified figures, fake election results forms, and other flagrant abuses of electoral laws that left the judges with no choice than to conclude that no credible elections could have taken place in many of the disputed areas, which are concentrated in the Southern Senatorial District, where Agagu hails from.

    INEC’s figures, which were falsified by documentary evidence, indicated that the total number of votes returned from the Southern District alone was more than double the total number of votes in the Central and Northern Senatorial Districts put together. Yet the vast majority of the voters in the state reside in the latter two Districts.

    The table on page 615 of the Tribunal’s judgment is the outcome of a painstaking sorting of evidence tendered before the Tribunal. The table shows no results for Ilaje and Irele local governments. They were nullified along with the results of various wards in other local governments at issue because of overwhelming evidence of substantial “corrupt practice or non-compliance with provisions of the Electoral Act.”

    The post-verdict claim by the Respondents that the Honorable Justices only nullified elections in places that Agagu purportedly won is true but misleading. The truth is that those were the areas at issue in this case, and they happen to be areas where massive irregularities were proven and where illegal votes were recorded for Agagu. The cancellation of these votes affirms a legal principle-that no one should be allowed to profit from illegal acts.

    Throughout the proceedings, the Respondents never contested election results in areas won by Mimiko, which opened only the areas purportedly won by Agagu to litigation. In their zeal to prove that credible elections took place throughout the state, the Respondents even ironically presented witnesses to the effect that the election in some of the units won by the Petitioner was free and fair. This is a strategy the Respondents might have regretted.

    However, the Court of Appeal will only deal with issues of law. No new evidence not adduced at the trial court may be presented on appeal. Any unbiased observer, who has carefully read the Tribunal’s 620-page judgment in this case, would easily conclude that the case before the Court of Appeal is straightforward enough. Clearly, the public, particularly the people of Ondo State, would be well served if the Court of Appeal could consolidate the gains of the Election Petition Tribunal decision by assuring the public that the light at the end of the tunnel is not an oncoming train.

    Prof. Akinnaso teaches Anthropology and Linguistics at Temple University, Philadelphia, United States; Turton is a USA-based Attorney, admitted to the practice of law in both Nigeria and America.

  34. adminon 10 Nov 2008 at 1:44 pm

    Thanks for the article. great writeup from Prof Akinnaso as usual.

  35. omotayloron 10 Nov 2008 at 3:08 pm

    I really struggle to understand the Nigerian Legal system in parts. I am referring to the notorious adjournments of cases for even the flippant of excuses. I am not informed of the details of this partiular adjournment to Jan 2009 but I just wonder how it came about. Agagu appealed months ago. Did he just this week or last week get a new lawyer? Does the new lawyer need another 2 months to study his briefs? Would we now witness a wilfull delay of this case because Agagu knows that it is a lost cause and just wants to use delay tactics as the legal system seem to allow it?

    What went wrong from the beginning is that Agagu should not have been left to continue pending appeal for his so called election victory has been nullified. It may seem good for Agagu to play games at court, oh and + PDP,but it is the innocent ordinary folks that are suffering the most while they languish in this state of ineptitude. This is a true test of tolerance, faith and patience. I believe we should start decrying this delay tactics now rather than later. Who knows what will happen especially to the State coffers within the coming two months pending the judgement. Nigeria beats me when it comes to justice, but we shall overcome in the end. Yes we shall.

    Prof Akinnaso very rightly put it when he said that “Clearly, the public, particularly the people of Ondo State, would be well served if the Court of Appeal could consolidate the gains of the Election Petition Tribunal decision by assuring the public that the light at the end of the tunnel is not an oncoming train”. This train must arrive not only at the platforms at the appointed time but also at its final destination. We pray this is done quickly. As much as we are forced to wait till January before the hearing kicks off, we shall not tolerate flagrant abuse of the lopsided Nigerian legal system by Agagu. The whole of Ondo State and Nigeria should be told this.
    I repeat again TIME WILL NOT ERASE THE MEMORY OF INJUSTICE, ABUSE OF OFFICE AND POWER, FALSIFIED ELECTION RESULTS AND EVIL DECLARATION OF A LOSER AS GOVERNOR OF ONDO STATE. AGAGU DOES NOT HOLD THE PEOPLE’S MANDATE, AND THE PEOPLE WANT THEIR CHOSEN GOVERNOR BACK ASAP. This is why the applause and celebration when in July the verdict of truth was given. That was almost four months to go, and we now have to wait 2 months and God knows when the verdict date will be after this.

    One thing is clear. The handwriting is on the wall. Agagu’s appeal bluff has been called. He knows he is going to lose so all he can depend on now is delay tactics. Very low down debased method for someone who says he is a scholar. The chips are down so jinnni jinni ti ba awon asebi.

    Remain blessed all lovers of justice and all true believers in Democracy. CAN WE GET RID OF AN EVIL IMPOSTOR IN ONDO STATE? YES WE CAN. ITS TIME FOR CHANGE (credits to Obama). Peace :)

  36. shola agunbiadeon 11 Nov 2008 at 11:36 am

    All said and done,lets hope in GOD,HE alone has the final say

  37. Abimbolaon 14 Feb 2009 at 1:27 pm

    Hun, how long do we have to wait for this people to swear our Governor in, we need the change and now is the time. Even those of us that are not living in that country know what is going on, at least we still have family there and hope we can go back home one day.

    Why does it always take so long to do the right thing in that country. We want Mimiko there and we want him now. If he’s not sworn in before the end of this month, the God of Elijah will fight by fire, remember what happened to Abacha and his God complex.

  38. Barrister Femi Ayandokunon 04 Mar 2009 at 10:59 am

    Good to see that you reposed confidence in the judicial sysytem no matter what it looks like.

  39. Akinnaso Adeoyeon 06 May 2009 at 10:20 am

    Good writeup by Prof Akinnaso.
    You see, I am not happy when I see poeple that know the right thing, but they are not doing it. If Agagu were to be a farmer, I will prove him right by his action but the reverse is the case.
    Let’s learn how to do the right thing in a given society.
    Thanks.