TO keen watchers of the polity in Kwara State, the judgment of the Governorship Election Petitions Tribunal of Friday, November 11 this year, was expected. But for members of the leading opposition party in the state, the Action Congress of Nigeria (ACN), it was an unexpected verdict; hence, their resolve to timely challenge it at the Appellate Tribunal.Like every reactions to the result of any duel whether in the political field or sporting endeavour, the 'winner' described the judgment as erudite while the loser tagged it a travesty of justice. But in whatever form it had come, the peace in Kwara persists after the judgment.The tribunal in Ilorin had upheld the election of Governor Abdulfatah Ahmed, thereby erasing any record of an upset.In an eight-hour judgment under tight security arrangements, the Chairman of the three-man tribunal, Justice Ngozi Ehemelu, held that the petitioners in the case, the ACN and the governorship candidate of the party in the election, Dele Belgore, failed to substantially prove their allegations.Ahmed was the first respondent; his deputy, Peter Kisira, the second respondent, while their platform, the Peoples Democratic Party (PDP), was the third respondent.While determining some of the issues raised in the petition, such as non-compliance with provisions of the Electoral Act 2010, as amended, electoral malpractices and non-joinder of proper parties, Justice Ehemelu said the petitioners failed to establish their cases on preponderance of evidence, as required by the Electoral Act.Thus, 'the case is accordingly dismissed,' the judge added.Besides, the tribunal said it could not rely on the evidence of the forensic expert brought by the petitioners.For the judge, allegations of fraudulent practices observed in five of the 16 local government areas of the state were not substantial reasons to vitiate the results of the polls, as canvassed by the petitioners, citing the case of Agagu vs. Mimiko.On the failure by the second respondent to pay the filing fees of his petition within the required timeframe, as required by the relevant Acts, Ehemelu noted that it was though a necessary legal requirement, which a timely correction could perfect, adding that failure not to pay was weightier than not paying the correct fees.For Dele Belgore (SAN), the outcome of the tribunal, rather than making him to be weak, would enable him to pursue more vigorously his belief over the results of the polls.'The path of truth and justice always progresses like a clock,' he said, and thus, would be difficult to halt.The ACN in the state, through its chairman, Kayode Olawepo, has rejected the judgment, promising its prompt appeal at the appellate tribunal.For the local public relations officer of the PDP, Alhaji Masud Adebimpe, the judgment was a true reflection of the wish of the people of the state.Barely 24 hours after the ruling, the ACN displayed its resolute nature over election petitions, as it promised to appeal the judgment.According to the party through Olawepo, the judgment against its governorship candidate, Dele Belgore (SAN), was unacceptable to the party and would thus pursue the same to a logical conclusion.At a press conference in Ilorin, Olawepo said the party would not be discouraged aftermath the judgment, but would be spurred into greater action by pursuing its objectives as a leading opposition party in the state.Other chieftains of the party at the briefing include the national publicity secretary, Alhaji Lai Mohammed and the chairman, Campaign Organisation of Belgore, Dr. Sa'ad Omoiya.Olawepo said: 'The tribunal's judgment comes to us as a big shock, considering the weight of evidence of electoral malpractices placed before it. We believe this is a gross miscarriage of justice, as the tribunal rejected all our documentary evidence on untenable grounds.'The judgment cannot stand the test of time. We are confident that a higher court will not allow this decision to stand.'Expressing dissatisfaction with the judgment and a definite resolve to appeal it, he labeled the ruling as only the first step in the judicial process 'for us to reclaim the peoples' mandate.''We shall continue to fight for justice and the restoration of that mandate, whatever it lawfully takes and every step of the way. This is just round one in our battle,' he said.'We urge all our supporters and the good people of Kwara not to despair ' to remain calm, peaceful and law-abiding because all hope of getting justice is not lost.'We urge our people to remain committed to the cause of freedom, purposeful political leadership and good governance. This judgment is merely a temporary setback.'We are not deterred by it. We urge our supporters to be strong, as we enter the next phase of the struggle to change the face of Kwara for good and to uplift the lives of our people. We remain committed to achieving that and with your prayers and continued support, it shall surely happen.'He thanked the leaders in the party for supporting their fight for justice 'and for encouraging us at every step of the way. We would like to thank our friends and supporters, within and outside Kwara State.''Your prayers, support and commitment have kept us going and your steadfastness and faith in our collective struggle has been overwhelming. We would also like to thank our team of lawyers for a masterly conduct of our case and for their commitment.'By the Grace of Almighstice and for restoration of our mandate by a higher court,' he said.
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