Agagu and Judgment of Disenfranchisement of Voters
October 24, 2008 |  Franc Enoch (Archives)


As law abiding citizens, lovers of progress and advocates of enduring democratic culture in our potentially great country, the people of Ilaje Local Government participated actively in all activities leading to the 2007 General Elections. A sizeable proportion of the 128, 000 registered voters came out dutifully to vote in all the elections including those of the Governor and House of Assembly members, as well as the President and members of the National Assembly.

Let it be known that the vast majority of the Ilajes at home and in the Diaspora are great supporters of the Peoples Democratic Party (PDP) and so voted overwhelmingly for all candidates of the PDP. The reason for this is not far-fetched. The party was simply reaping from what it had sown in the state. It is instructive to note that for the very first time in the history of the Ilajes and by extension the history of Ondo State, our people could afford a sigh of relief and a sense of belonging, away from the apparent abuse and neglect of the past, on the ground that our land is difficult to develop, by successive administrations in the state from inception till 2003.

Then on May 29th, 2003 a Daniel came to judgment, via His Excellency, Dr Olusegun Agagu, who was elected Governor in April that year. All of a sudden things that were considered impossible started happening to the glory of God and the benefit of our people. Examples of monumental efforts abound in projects like: Olokola Free Trade Zone, Igbokoda-Aboto-Mahin-Ugbo-Ugbonla Road, linking our riverine areas for the first time to the mainland, Aboto-Olokola Free Trade Zone Road, Extension of High Tension Line (National Grid) all the way from Igbokoda to Ugbonla, Adagbakuja New Town Development (where hundreds of hectares of land were reclaimed for the benefit of our people who live on water to put up permanent and enduring structures even for generations yet unborn), the establishment of a University of Science and Technology, a stone throw from Igbokoda, along the Okitipupa-Igbokoda Road, construction of thousands of housing units in our riverine areas amongst others.

From the fore-going, it was with great joy that we supported the second term bid of Governor Agagu, just as we rejoiced exceedingly alongside other progress-loving citizens of the state, from Igbokoda to Ikare, at the news of the victory of Governor Agagu at the poll and his subsequent inauguration to pilot the affairs of the state for another four years, lasting till 2011.

At this juncture, it is apposite to reveal that the only hitch we had in Ilaje local government during the April 14 election was the attempt by the Labour Party elements in the local government to stop election materials from being distributed, alleging that voting had been surreptitiously carried out overnight by the PDP in connivance with INEC officials. To correct that impression, the Electoral Officer opened all the 271 ballot boxes and displayed the untouched contents for all to see. After this exercise, the election-scared LP elements capitulated and election materials were thereafter moved to the respective polling units throughout the local government area.

The issue now is, if election started late in a local government area as a result of a situation created by a political party, is it right for an election tribunal concerned with justice and not technicalities, to allow that same party benefit from its iniquity? This is the big dilemma of our people, a major puzzle for Nigerians to ponder and a fundamental issue for the Court of Appeal to consider.

Incidentally, our fate is shared by other compatriots from nine other local government areas, where votes were arbitrarily cancelled, wholly or in parts. It should be noted that all the affected ten local government areas are strongholds of the PDP, where the ruling party won convincingly. This is a rather curious coincidence, turning the loser into a winner and vice versa!

One major question that has been ringing in the minds and ears of curious observers is: if malpractices were so rampant as to warrant the cancellation of almost half of the total number of votes cast in an election, why declare a winner from such a supposedly flawed electoral process, instead of ordering a re-run as was done in some of the cases on the Houses of Assembly and Representatives elections of the state. The other nagging question is: how do you disenfranchise sizeable proportion of voters in the majority of local governments in a state and still considered it logical to impose a ruler on the state in the process? Does it not sound like slavery or electoral repression producing an imposed maximum ruler by judicial fiat? We are just reasoning aloud.

Meanwhile, we say capital No to the disenfranchisement of our people. We say a bigger No to the imposition of a minority candidate as Governor in our Sunshine State. We say an emphatic No to this daylight robbery. We say an unequivocal No to this rape on democracy. We say a resounding No to judicial rascality. We demand the restoration of our votes

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Responses So Far ...
Adewale Ologbon
10/24/2008 7:58:48 pm
Thanks for your holy contribution on this issue, it shows your observation based on the follow up of the Nabaruma led tribunal. Fortunately, you're not the first person to comment and condemn this unholy verdict that portraits a whole lot of floors and faults.However, as everyone awaits the final verdict it is my opinion that Nabaruma be remanded in prison custody for arson.

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Shola
10/25/2008 1:19:05 am
Re: "as everyone awaits the final verdict it is my opinion that Nabaruma be remanded in prison custody for arson."

I'm speechless. It i a shame that Nigerian Muse has degenerated to this state where all sorts of errant nonsense can be posted.

Reply to This Comment
Olu
10/27/2008 8:56:26 am
I agree with this write-up. So far Nabaruma's led election petition tribunal is the most flawed in this country. How do you award 91 votes to Labour Party in Ese odo Local government when the Labour Party said election never took place there? What, i thought would have been the worst case scenario was for Nabaruma to order fresh elections in areas he thought were marred by irregularities. By God Nabaruma's pronouncement would be upturned at the Appeal court.

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oluomo
10/27/2008 8:56:26 am
Shola, you better leave your reasonable comment instead of call someone errant, if you are try to call someone errant, who are you? MAD

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dare
10/27/2008 9:12:30 am
Nabaruma will soon end up his life in jail for his selfishness judgement and anybody who called this point nonsense will also join him in prison soon.

Reply to This Comment
akin
10/27/2008 9:12:30 am
Nabaruma must put to shame after he collected billions of from LP and delivered wuruwuru judgement.

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Erimogbe
10/27/2008 6:46:17 am
Ondo state Election Petition Tribunal's verdict should be regarded as the most controversial verdict of the century because the argument of Labour Party is that no election was conducted in the disputed areas. So, where did those figures emanated from? What is going on in Nigeria?

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guest
10/27/2008 11:23:33 am
Either there are incosistencies in the judgment or not, all the concerned parties should wait for the Appeal court to decide the next occupier of Alagbaka seat of power in Akure.

Reply to This Comment
Yemi
10/27/2008 11:23:33 am
Either there are incosistencies in the judgment or not, all the concerned parties should wait for the Appeal court to decide the next occupier of Alagbaka seat of power in Akure.

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John
10/28/2008 10:18:04 am
The question is why did Nabaruma refused to give the copy of the judgment to the defendants two hours after the verdict as earlier promised?

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Akinya
12/01/2008 10:39:21 am
No matter the judgement may be Dr Olusegun Agagu will win.

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John G.
12/04/2008 2:42:02 pm
No matter how injustice reigns, justice will definitely come one day.

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Dave
12/05/2008 1:26:10 pm
No room for Mimiko and Loss Party at Alagbaka, Agagu is our governor in sunshine state either they like it or not. Agagu is a right man.

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Dan
12/06/2008 11:56:26 am
No matter the case may be Agagu will win at Court of Appeal

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SAHEED
12/10/2008 8:45:40 am
Yea, justice must surely come by next year when the appeal court sitting in Benin, Edo State, will overrule the judgment of Nabaruma lead tribunal in Akure Ondo State.
And the right of voter who were disenfranchised will be restored and Governor Agagu will continue his tenure till 2011.

Reply to This Comment
Dare
12/10/2008 9:12:52 am
Good point, Agagu confidence is real and nothing can change Agagu confidence of win at Court of Appeal, surely Agagu will win, because Tribunal has no right to cancel any election, by the way i wonder why tribunal want to turn judiciary matter to electoral matter. So, Nabaruma and his brother Mimiko has case to answer. Agagu will soon declare as bonafide and elected Governor of Ondo State. let have hope and stand still.

Reply to This Comment
Fred
12/11/2008 1:21:17 pm
A layman on the street knows that the verdict of Justice Nabaruma led Election Petition Tribunal in Ondo state is full of inconsistencies. Some notable legal experts pinpoint some of the errors in the verdict:
1. Nabaruma and his team relied erroneously on facts that were not pleaded and evidence that were manifestly at variance with Mimiko’s pleadings to nullify election results in a large number of units, wards and local government areas such as Akoko North East, Akure North, Okitipupa, Irele, Ese-Odo and others to the detriment of the incumbent governor. In such cases, the elections were cancelled on the basis of discrepancies in the electoral documents
2. There were instanc
(more...)

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Folarin
12/17/2008 4:51:12 am
Igbekele, this is a fantastic observation. But the fate of the Governor (Agagu) lies in the hands of Nigeria Judges at the Appeal court. Will they allow justice to reign?

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Saheed
12/15/2008 9:00:28 am
As for me, either the verdict of justice Nabaruma in the last Tribunal in Akure Ondo State is full of inconsistence or not, I don’t care. What I know is that the court of law doesn’t have the right to cancel any vote the way Nabaruma did. But I strongly believe that true justice will be rolled to whom it is due to by the Appeal court sitting in Benin, Edo state.

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Fasi
12/16/2008 11:22:22 am
I will arrest my comments for now but what i know for sure is that there is going to be a jubilation in the camp of PDP in ondo State and I will not be suprised that even the camp of our so called 'clog' party (LP) will rejoice with our able Governor,OLUSEGUN AGAGU.because for AGAGU,it is VICTORY!!!

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Igbekele
12/16/2008 12:59:42 pm
Agagu will come out triumph at the appellate court because of the flaws in Nabaruma's judgment. It is a matter of time

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Olu Jacob
12/17/2008 10:09:03 am
There is no need to comprehend; Victory will surely be for Dr. Olusegun Agagu at the Appeal court in Benin as it is going to redress the lapses in the judgment of Justice Nabaruma in Akure.

Reply to This Comment
Olu Jacob
12/17/2008 11:41:01 am
There is no need to comprehend; Victory will surely be for Dr. Olusegun Agagu at the Appeal court in Benin as it is going to redress the lapses in the judgment of Justice Nabaruma in Akure.

Reply to This Comment
Jane
12/18/2008 8:41:49 am
I do not know of any other state in Nigeria where the verdict of the election petition tribunal has generated so much noise like it had in Ondo State. I do hope this controversy would be put to rest at the appeal court come january 2009

Reply to This Comment
Helen
12/18/2008 10:01:13 am
Justice Nabaruma’s verdict did not reflect the true picture of the Gubernatorial election in Ondo state because there were instances where the tribunal examined the election in few units of a ward and then nullified the whole election of that ward even though there were no allegations and evidence adduced in respect of other units in such wards. Yet the petitioner did not plead such alleged irregularities before the tribunal relied on it as affecting the entire units. This was the case in Apoi III Ward 03 of Ese-Odo and Ayetoro Ward 03 in Akure North.

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Francis
12/18/2008 10:31:52 am
Dr Mimiko, the candidate of Labour Party contended that there were no votings in some councils, wards and units such as Ilu Titun II Ward 08 in Okitipupa Local Council Area, yet he tendered election results. Rather than use this against him as evidence of inconsistency or contradiction, the tribunal relied heavily on it in his favour. In other cases, it nullified results for wards not on the ground that election did not take place but that accreditation was not properly conducted even when the petitioner did not plead this. This was the case in Akoko North-East and North- West, Ose and Ilaje local government Areas.

Reply to This Comment
Gbenga K
12/18/2008 10:31:52 am
One major question that has been ringing in the minds and ears of curious observers is: if malpractices were so rampant as to warrant the cancellation of almost half of the total number of votes cast in an election, why declare a winner from such a supposedly flawed electoral process, instead of ordering a re-run as was done in some of the cases on the Houses of Assembly and Representatives elections of the state. The other nagging question is: how do you disenfranchise sizeable proportion of voters in the majority of local governments in a state and still considered it logical to impose a ruler on the state in the process? Does it not sound like slavery or electoral repression producing an (more...)

Reply to This Comment
Salami
12/18/2008 10:50:52 am
You see, Mr. Gbenga K. the reason why the tribunal court cancelled some of the votes in some part of the state in the name of Electoral malpractice is because their elbows has been greased with some naira so that their man (Mimiko) can be favoured. And this is the main reason why he (Mimiko) was declared the winner.

Any way, what I believe is that justice must be done as the appeal will give it to the person who is rubbed of his right and the votes of disenfranchised people will be given back to them.

Reply to This Comment
Saheed
12/23/2008 12:43:24 pm
Yea, really, the executive Governor of Ondo State Dr. Olusegun Kokumo Agagu graced this year's service of carols and lessons at the government house, Alagbaka where some important personalities in the state were much present.

Looking at his mood, he was very happy and thanked God Almighty for making it possible for him to stand with his two legs in the occasion unlike last year when he couldn’t walk with his legs. During his speech at the Carol services and lessons, Dr. Agagu pleaded with the audience to help him thank God for spearing his life to see this day despite the attack from the enemies and critics from the opposition...

My prayer is as you lived to org
(more...)

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Adeyemo
1/06/2009 9:56:55 am
I believe that court of appeal will soon cancel the judgement of tribunal which declare mimiko as a winner of 2007 governorship election, because the judgment was not base on petition files by labour party. and declare agagu as bonafide winner of the election.

Reply to This Comment
AKINDELE
1/06/2009 9:41:23 am
Thanks to Almighty God that we are in January of New Year where we will live to see the Appeal court sitting in Benin reversing the judgment of Mr. Nabaruma and his panel.
All the people who were disenfranchised are all looking forward to the appeal court to restore back their voting right that was tampered with by the tribunal court in Akure lead by Justice Nabaruma.

I pray that God give victory back to the man (Agagu) who has in every way change the look and face of our dear Ondo state so that we can continue to enjoy the comprehensive developments brought by him In the mighty name of Jesus Christ, (Amen).

Reply to This Comment
babafemi
1/08/2009 11:09:57 am
What kind of verdict delivered by Nabaruma, because the tribunal nullified about 50 percent of votes that were cast. That means about 50 percent of the electorates in Ondo State were disenfranchised and despite the fact that this was the case, the tribunal shunned its responsibilities by not even ordering a rerun. This is also contrary to the spirit and letters of the law because by the time you say that the election was not properly conducted and that you nullified those in the wards or local governments, if you had wanted to do justice, what you should have done was to instruct that election should be conducted again among the parties. But this was not done. So this also can be regarded as(more...)

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keth
1/08/2009 11:09:57 am
The respondent, Dr. Agagu was not given fair hearing and this violates section 36 of the 1999 constitution which guarantees his right to fair hearing. Let’s take for instance the instruction or the order of the court to the defendant to the effect that the votes cast by the electorate should be counted. The counsels were there when the votes were counted. Unfortunately, the tribunal went back to sort the votes that had already been counted into units, wards and local governments, behind counsels and the parties in that particular case. That should not have been done. The whole parties should have come together when the sorting was being done. So this also leaves much to be desired.

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