…Dismisses allegations of vote buying, inflation of figures, counting of void votes
…Says Buni’s emergence as caretaker chair in line with APC Constitution
The Ekiti State Election Petition Tribunal has been told that Governor Biodun Oyebanji’s victories at the All Progressives Congress (APC) governorship primary on January 27 and the main governorship election on June 18 were valid and legitimate.
The APC State Secretary, Mr. Garba Arogundade, who was the first Respondent Witness, told the Tribunal at its sitting on Tuesday in Ado Ekiti that the Petitioners’ allegations of vote buying inflation of figures, counting of void votes, ballot box snatching and violence were false.
The witness told the Tribunal that both the national and local officers of the party were involved in the primary that produced Oyebanji as the APC flag bearer adding that the primary was monitored by the Independent National Electoral Commission (INEC) in all the wards where the shadow election was held in the state.
He affirmed that Alhaji Mai Mala Buni was validly nominated and appointed as the Chairman, APC Caretaker/Extraordinary Convention Planning Committee and he and other members of the Committee were vested with the powers to conduct the running of the party including the nomination of candidates in line with the relevant sections of the Party Constitution.
Arogundade further told the Tribunal that the National Secretariat of the APC deployed a Primary Election Committee which had the Jigawa State Governor, Muhammad Badaru Abubakar as Chairman and former Speaker, Ondo State House of Assembly, Rt. Hon. Victor Olabimtan as the Secretary to Ekiti State to conduct the January 27 primary which was won by Oyebanji.
The witness who gave evidence before the Panel chaired by Justice Wilfred Kpochi, also brought some documents before the Tribunal which were all tendered and admitted as Exhibits before the three-member jury. The witness urged the Tribunal to dismiss the petition challenging Oyebanji’s victory.
The 1st Petitioner in the case is former Governor, Chief Segun Oni while his party, the Social Democratic Party (SDP) is the 2nd Petitioner.
Respondents in the petition are: Governor Oyebanji (1st), APC (2nd), Buni (3rd), INEC (4th) and the Deputy Governor, Mrs. Monisade Afuye (5th).
While being led in examination-in-chief by counsel to 1st and 5th Respondents, Prince Lateef Fagbemi (SAN), Arogundade tendered documents which include APC Summary of Result Sheet, Extracts of Meetings of APC National Executive Committee, Letter of APC to INEC dated 25th June, 2022, Letter from INEC to APC dated 26th June, 2022 and INEC Acknowledgement of Submission of Nomination which were all marked and admitted as Exhibits RA1-RA5 respectively.
Under cross-examination by counsel to 2nd Respondent (APC), Chief Akinlolu Olujinmi (SAN), the witness admitted that the governorship election was held on 18th June, 2022 which was preceded by the APC governorship primary election which was held on 27th January, 2022. He affirmed that both local and national officers of the APC conducted the primary poll.
Arogundade told the Tribunal that the APC constitution makes provision for the appointment off a national caretaker committee in line with Article 13.3, Paragraph B, Page 37 of Exhibit A1 (the APC Party Constitution) adding that it was pursuant to this provision that the Buni-led Caretaker Committee was set up to oversee the day-to-day running of the party, including nomination of candidates for elective offices.
The witness told the Panel that he voted at his home unit, Unit 3, Ward A in Ipoti Ward in Ijero Local Government affirming that no member of APC offered money to any voter during the conduct of the election. He added that being the party’s State Secretary, he knew that APC had agents in all polling units and they were communicating with themselves on the conduct of the poll on that day.
“During our communication and networking on election day, all our agents in APC confirmed to me that the election was conducted peacefully and there were no malpractices of any kind during the election and based on this networking with all our agents and officers of the party, I can confirm that the allegations of vote buying, inflation of figures, counting of void votes, ballot box snatching and violence are false. There was no attack or harassment by any member of APC on any member or agent of SDP, ” Arogundade said.
The witness concluded his cross-examination by Olujinmi by testifying that the 1st Respondent (Oyebanji) was validly sponsored by the 2nd Respondent (APC) for the June 18 governorship election after being validly nominated as the party’s flag bearer.
Under cross-examination by counsel to 3rd Respondent (Buni), Mr. Shaibu Aruwa (SAN), Arogundade said by virtue of his position as the state APC scribe, he was conversant with the internal workings of the party including nomination and sponsorship of candidates and conduct of primaries.
The witness, under cross-examination by Aruwa, described the party’s National Convention as the highest decision-making organ of the party and the National Executive Committee (NEC) as the next highest decision-making body of the APC. He added that the NEC can set up an ad hoc committee and hand over power to conduct party’s internal affairs to it.
He testified further: “I am aware that it was at the NEC (National Executive Committee) meeting of 25th June, 2020 that the 3rd Respondent (Buni) was appointed as the Chairman, Caretaker/ Extraordinary and Convention Planning Committee of the 2nd Respondent (APC).” This is in line with Paragraph 2 of Exhibit RA2.
When asked by the counsel to have a look at Exhibit RA1 (Summary of Result Sheet), the witness confirmed the names of officers deployed from the National Secretariat of the APC to conduct the January 27 governorship primary election in Ekiti State which produced Oyebanji as the party’s candidate for the June 18 main governorship election.
The witness confirmed (Jigawa State Governor) Muhammad Badaru Abubakar as the Chairman while the Secretary was (former Ondo Assembly Speaker), Rt. Hon. Victor Olabimtan. He confirmed that the Chairman, Secretary and other members of the APC Primary Election Panel are not APC members in Ekiti State.
Speaking on the status of the Buni National Caretaker Committee, the witness said: “I am aware that when such committees are set up, they are not placed on salaries. The 3rd Respondent (Buni) was not entitled to any emolument or salary from the 2nd Respondent; they were never paid.”
He rounded off his cross-examination by Aruwa by saying that it is not the the style of his party (APC) to interfere in what goes on in the 2nd Petitioner (SDP) to know how it is conducting its internal affairs.
Responding to questions while being cross-examined by counsel to 4th Respondent (INEC), Chief Charles Uwensuyi-Edosomwan (SAN), Arogundade confirmed that it was his party (APC) that sponsored Oyebanji for the governorship election and not (Mai Mala) Buni and the then National Caretaker Secretary, Dr. John Akpanudoedehe.
The witness further testified that feedbacks from APC agents and other party officers on election day proved that INEC acquitted itself fairly and creditably at the election. He added that he knew for a fact that INEC was represented at the APC primary election which he said was well monitored by the officials of the electoral agency.
Arogundade testified that INEC conducted the governorship election well in his polling unit where he was duly accredited and given ballot papers to exercise his franchise. He further affirmed that the Bimodal Voter Authentication System (BVAS) Machine was used for the conduct of the governorship election.
While being cross-examined earlier by counsel to 1st and 2nd Petitioners (Oni and SDP), Mr. Obafemi Adewale (SAN), the witness denied being sacked from the employ of Federal Internal Revenue Service (FIRS) clarifying that he left the agency to further his studies.
Arogundade explained that he was employed with OND Certificate and when he wanted to go for his HND, he had to tender his resignation in line with the extant law that guided his employment into the agency.
When told by Adewale that he (the witness) is also known as Sola Arogundade, the witness responded that all his documents bear “Garba Sola Arogundade” and he was never sacked for any misconduct from FIRS, that he resigned to pursue a higher certificate.
When asked to take a look at Exhibit RA3 (Letter from APC to INEC dated 26th June, 2022), Arogundade confirmed that the letter gave Buni as the Caretaker Committee Chairman of APC while in Exhibit RA4, INEC also confirmed Buni as the APC National Caretaker Committee Chairman.
Arogundade denied visiting any polling unit in Emure Local Government or any polling unit in Efon Local Government on the day of the governorship election. The witness also denied knowledge of alleged arrest of APC women leader in Ogbonjana Ward in Ikere Local Government for alleged vote buying on election day.
After the APC State Secretary had testified for about one hour, fifty five minutes, he was discharged from the witness box and there was no re-examination from counsel to 1st and 5th Respondents, Fagbemi.
Fagbemi told the Tribunal that there would be no further witnesses for the day as those expected to give evidence for the day were still on their way to the state. He asked for an adjournment till Wednesday to take the three remaining witnesses for the day and those listed to testify on Wednesday.
But Adewale while admitting that the grant of adjournent is at the discretion of the court (Tribunal), also said “it must be for substantial reason but in this instance, no substantial reason has been advanced to substantially persuade the Tribunal to adjourn for three out of four witnesses.”
Adewale asked the Tribunal to award a cost of N200,000 against the 1st and 5th Respondents.
But the Tribunal in a short ruling adjourned sitting till Wednesday to allow three other witnesses listed for Tuesday and the witnesses listed for Wednesday. The Tribunal did not grant the request for N200,000 cost against the 1st and 5th Respondents.
