One of the fallouts of the verdict of the Election Petition Tribunal that sat over issues thrown up by the April 14, 2007 gubernatorial election in Ondo State was the question of whether it was right to have disallowed a large segment of the electorate from exercising their right to vote.
In a representative government, to which Nigeria has been subjected since 1999, the right to ballot on Election day is an inalienable right of the citizen because the very essence of democracy is hinged on individual or collective participation.
The tribunal in a judgment which has been condemned by a cross section of people in the State and across the country annulled the election of the incumbent governor, Dr. Olusegun Agagu and declared Dr. Olusegun Mimiko as duly elected.
In a most bizarre and unexpected manner, the tribunal cancelled the election in virtually all the wards in the six Local Governments that make up the six Southern Senatorial District where the governor hails from, and four other local governments in a State that is made up of eighteen local governments, without any thought to the voters whose votes have been consigned to the dustbin.
About half of the total votes cast on April 14 for the two governorship candidates of the Peoples Democratic Party (PDP) and the Labour Party (LP) were thrown out by the tribunal which acceded to the prayers of the LP that the process were marred by irregularities in those areas.
When the Independent Electoral Commission (INEC) declared the returns after the exercise, Agagu was listed to have scored 349,288 votes to Mimiko’s 226,021 in an election where votes for the two candidates totaled 575,309 while about ten other candidates scored votes in the range of about 60,000.
In the tribunal verdict however, Agagu was said to have scored 128,669 lawful votes and Mimiko, 198,269 votes giving the LP candidate the winning votes of 69,600 thereby denying a whopping 248,371 citizens their right to vote.
Expectedly, the tribunal judgment has been condemned by concerned citizens who believe that in such circumstances of proven cases of irregularities, the best that could be done would have been a repeat of the exercise to correct the observed anomalies.
At this juncture, it is instructive to refer to the case of the Senate President, David Mark, whose election at the tribunal level was ordered to be rerun so that the array of electorate in two of the Local councils making up the constituency would not be disallowed from exercising their fundamental rights.
One would have thought that the Ondo tribunal would have taken a cue from that landmark decision of the Benue tribunal to protect the citizens from being prevented from taking part in a process that will produce a governor over his affairs.
As the last bastion of hope for the people and the ultimate protector of the country’s fledgling democracy which is all about the power of the ballot, the judiciary should have, in the Ondo case, been counted on the side of the people who are merely pawns in the hands of desperate politicians.
In any case, since neither the voters nor the incumbent governor conducted the elections in their collective or individual capacity, the fact that the two are now being made to pay a price for the alleged irregularities perpetuated by a legally constituted body like INEC begged for an answer.
For instance, the tribunal hinged the cancellation of the election in Ilaje on the late arrival of election materials and that of Irele on the arrest and detention of some opposition politicians on the eve of the election.
Can anybody point out the reason to me why because of these “excuses” that could be rectified in a repeat of the exercise the voter should have his effort thrown out just like that?
The stance of the tribunal in respect of Irele is quite baffling in view of the fact that in an earlier judgment in respect of the House of Assembly, it (the tribunal) held that election took place and that the PDP won the seat. It is pertinent to state here that both the House of Assembly and the gubernatorial elections took place the same day, at the same venues, conducted by the same electoral body, using the same personnel, under the same atmosphere and the same guidelines.
It is with this background that this writer identifies wholly with the resentment of the people in whose arena elections were cancelled and their agitation against a judgment that refused to recognize them as part of the electoral process.
Considering the fact that the voter is the most important element in participatory democracy which stands on balloting as its main leg, these disenfranchised voters have every right to protest their disenfranchisement.
Mercifully, the judgment of the Nabaruma tribunal is not the final verdict on this matter as the appellate tribunal is billed to take a dispassionate look at the issue and provide succour for those whose inalienable rights have been trampled upon.
The Nabrauma verdict has ensured the massive disenfranchisement of the voting population and this, to say the least, is unfair and unjust.
That judgment will not STAND.