How Rep’s sack destabilises Ondo PDP

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THE sack of the Peoples Democratic Party PDP member of the House of Representatives representing Ilaje/ Ese-Odo Federal Constituency, Ondo State Hon Kolade Akinjo by the National Assembly and House of Assembly Election Petition Tribunal sitting in the state was a big blow that has unsettled the ruling party in the state.

The party was literally mute because the verdict to say the least was unexpected. But all their defense fell like pack of cards and the distinguished member of the House of Representatives was kicked out. Infact, the verdict made its leaders including Governor Olusegun Mimiko to ponder on where they got it wrong which necessitated the judgment.

The member of the National Assembly was sacked principally, according to the tribunal, because he had one foot in both PDP and the Labour Party and therefore did not fulfill constitutional or statutory requirements to qualify him for the election. Although the Secretary to the state government Dr. Rotimi Adelola has promised that the appointment is on-going many party members are agitated that government is buying time because of paucity of funds to pay political appointees.

Political Appointees

However, the candidate of the opposition All Progressive Congress, APC, Lucky Ayedatiwa had approached the tribunal to challenge the outcome of the election asking for the nullification of the March 28, 2015 election. Ayedatiwa through his Counsel, Yinka Orokoto argued that Akinjo was not qualified for the election as he did not obtain a waiver from the necessary organs of the PDP before contesting for the election.

The candidate also argued that the respondent did not score the highest number of lawful votes for him to be the representative of the people of the Federal constituency.

The tribunal Chairman Justice Ojobor Ogar therefore nullified the election even as it agreed that Akinjo’s election was valid by reason of substantial compliance with the provision of the electoral act and that he was duly elected by majority of lawful votes cast at the election but that he was not a PDP member as at the time he contested the March 28, 2015 election.

It would be recalled that Akinjo was the Labour Party LP candidates in the by-election which took place in 2014. The election was declared inconclusive by INEC but the LP went to the Federal high court seeking for the declaration of Akinjo as the winner of the election.

After much horse trading the then PDP candidate Adewale Kukute later agreed. To an out of court settlement. Akinjo was later to emerge the candidate of the PDP after the LP merged with the party. But the tribunal Chairman in his verdict said that the PDP membership card was not signed by the ward chairman and secretary of the party, an indication that he was not a member of the PDP as at the time he contested and won the election.

Ogar declared that “ we found as a fact, even though the first respondent (Akinjo) purportedly said he joined the PDP more than one month before the schedule congress of the party, he did not comply with the due process of registration as a member of the PDP by registering at the ward level.

“We also found as a fact that even Akinjo purported to have joined the PDP on the 28 October 2014, he still executed a Court process on behalf of the LP ( a Party he was supposed to have left). This can only mean that he had one foot in each of the parties, namely PDP and LP.

“This cannot be a contemplation of the constitution or statutory requirement that states that the candidate to contest election must be a member of a political party and be sponsored by that party. “We found therefore that Akinjo’s contention that he was granted waiver to contest election into any office as of no moment since only a duly registered member of a party can enjoy the privilege of a waiver.

“ Accordingly, we were unable to agree with learned counsels to the respective respondents that the issue of membership, nomination and sponsorship of a candidate for election is the internal affairs of a political party for which the petitioner who is not member of the PDP could challenge for want of locus standi.

“ Finally, we found that the petitioners succeeded in establishing their case that the first respondent was at the time of the election into the House of Representatives for Ilaje/ Ese-Odo Federal Constituency not qualified to contest the election. The same election is therefore nullified.

The tribunal therefore ordered that fresh election be conducted by INEC to fill the vacant position. Meanwhile, the two political parties have faulted the verdict. While the PDP through its Publicity Secretary Banji Okunomo said that the tribunal had no business speaking on matters touching on internal affairs of the party let alone deciding that the party’s candidate in the last election was unqualified.

“ It is within the competence of the PDP to present candidate for election. The issue is an internal affair of the party. “ We will not agree with the tribunal. We will go to appeal court optimistic that we will get justice. “ The People of Ilaje/ Ese -odo gave their mandate to Kolade Akinjo and not for the the tribunal to decide otherwise. We know that God in heaven is the ultimate Judge and he will judge the matter appropriately.

Constitutional Procedure

But the opposition Party the APC said that the tribunal based it’s judgment on the fact that Akinjo did not follow constitutional Procedure in joining the PDP. The party said that Akinjo was haunted by his participation in the 2014 by-election where he flew the flag of the LP.

It further said that the tribunal ought to have considered the huge amount of money that would be required to go for fresh election and declare the opposition party candidate the winner of the election.

“We are looking at the judgment as if the tribunal only wants to give a grace to the PDP by ordering for a fresh election because it was not the fault of the electorate, INEC or other political parties who participated in the election but that of the PDP who fielded a LP member as its candidate.

“Therefore there was nothing stopping the tribunal from declaring APC candidate as the winner because the March 28 election in which the PDP failed to present candidate and the APC who came second ought to have been declared winner.” The party vowed to challenge part of the tribunal ruling at the Court of Appeal.

Source: Vanguard