Following the decision of the Supreme Court to decline jurisdiction in the motion filed by Hon Hassan Azeez Oluwanilo, the All Progressives Congress (APC) lawmaker and the leadership of the Kwara State House of Assembly, the stage appear set for the eventual swearing-in of the Peoples Democratic Party (PDP) candidate in House of Assembly election, Hon Jimoh Raheem Agboola. But is this the end to the protracted tussle? ACTING EDITOR, MUMINI ABDULKAREEM writes on the issue.
Recently, the much awaited decision of the Supreme Court on the protracted litigation of House of Assembly election into the Ilorin South constituency between Hon Hassan Elewu Oluwanilo and former House of Assembly member, Hon Jimoh Raheem Agboola was finally decided.
The apex court decision which threw out the motion filed by the Speaker of the Kwara State House of Assembly, Engr Danladi Yakubu-Solihu and House Clerk, Hajia Halima Jummai Kperogi has set the stage for the climax of the lingering litigation which commenced last year.
For the records, it has been one case that had generated intense interest between the ruling All Progressives Congress (APC) and the opposition Peoples Democratic Party (PDP) since the issue hit the limelight following the inauguration of the election petition tribunal for the constituency election last year.
Camaraderie turned sour
However, what began like a friendly affair among the contending lawmakers and the affected political parties in the state later became one of the most contentious electoral litigation that later found its way to the Supreme Court. After the first judgment on the issue by the Appeal Court declaring Agboola as the rightful winner of the election, Governor Abdulrahman Abdulrazaq swiftly issued a congratulatory message to Agboola describing the development as the beauty of democracy. Agboola’s opponent, Oluwanilo not only emulated the governor but went ahead to seek support for the PDP’s candidate from Kwarans. The Governors action was widely applauded by many political parties and commentators in the state for his “maturity” and spirit of altruism in handling the issue. But such camaraderie that followed the judgment soon turned a game of cat and mouse when the governor suddenly went into what his critics has termed “mute mode” without a word on the action of the legislature which failed to swear-in Agboola several months after.
How did State Assembly litigation get to Supreme Court?
It was the counsel to the sacked lawmaker APC, Oluwanilo that first hinted on the possibly of approaching the apex court over the matter shortly after the Appeal Court sitting in Ilorin dismissed the motion filed by the speaker against the judgment of the Appeal Court.
This position was however against the fact that election petitions matters regarding State House of Assembly contest ordinarily ends at the Appeal Court. The counsel to the Kwara State Independent Electoral Commission (KWSIEC), Barrister Ayodeji Akerele had disagreed with the APC lawmaker’s lawyer on the decision to approach the Supreme Court over the matter.
What transpired at the Apex Court?
According to sources present at the Supreme Court for “Grand Trial”, the case which commenced around past 11:00 lasted for about thirty minutes and was decided by five Supreme Court judges comprising three females and two males led by Justice Mary Odili. The five of them, it was gathered, unanimously reprimanded the counsel to the claimants. Also present in court were respondent counsel Barrister Azeez Ibrahim, claimant lawyer, Oba Magaji and the lawyers representing APC and Sule Cement who contested with Oluwanilo during party primaries.
One of the sources while narrating what transpired in court told Pilot Politics that “Although the court commenced sitting around 9:00am, the case started around past 11:00am and the motion on stay of execution filed by the counsel to the House, Barrister Oba Magaji was first heard. The five Supreme Court judges led by Justice Mary Odili then asked whether the judgment he was asking stay of execution for, was that of the apex court or appeal court to which he said it was a typographical error.
“The judges however queried why he was asking the Supreme Court for stay of execution in a case that has been decided at the appeal on House of Assembly election matter. He (Magaji) then begged to be allowed to withdraw it. Following that development, counsel to the PDP, Barrister Azeez Ibrahim informed the court of the motion that emanated from respondent asking the Supreme Court to strike out the appeal that the claimant brought.
“One of the judges then said they were at loss regarding the action of the claimant counsel that what was he trying to do appealing the judgment of the appeal court and whether he is not aware that it’s a state legislative election matter. He was queried where matters relating to House of Assembly matters starts and ends to which he (Magaji) answered court of appeal. He was asked why was he at the Supreme Court then. Magaji’s statement that it was not the judgment of the court of appeal that he is appealing but the enforcement further infuriated the judges.
“What do you mean by that, can the enforcement can stand on its own in the first place. Was it not the judgment of the court of appeal which is the final court on matters of this nature that brought about the appeal in the first place? Say something; the source quoted one of the judges to have said.
According to another source, Magaji said the reason for the appeal was that the judgement was passed on those who are not party to the case for which he was told that even if the issue affected one hundred persons, the Appeal Court has the final say on the issue.
“What are you trying to do; you want us to revisit a judgment that has been delivered by the Appeal Court on House of Assembly election for which we lacked jurisdiction. At this point, he (Magaji) was quiet and then begged to withdraw the appeal at the Supreme Court”, the source noted.
It was gathered that the court declined to grant cost against the claimant because of their lack of jurisdiction to try the case in the first place. The apex court then struck out the case after the voluntary withdrawal by Magaji adding that only the Appeal Court has the right to discipline the claimant on the issue.
Meeting with Speaker
After the last court of Appeal judgment on the matter before the case was taken to the Supreme Court, the PDP candidate, Hon Jimoh Agboola met the speaker after several failed attempts in the past. It was gathered that during the meeting which a source who was present described as “brotherly” and “friendly”, the speaker assured Agboola that there is no ill feelings whatsoever and they are all partners in progress in the task to build a viral and prosperous Kwara that will be the pride of all and sundry in line with the goals and vision of the state governor, Malllam Abdulrahman Abdulrazaq. Although the source said the Speaker later invited Agboola to his official residence around Fate area in Ilorin, it could not be confirmed whether such meeting still took place before the conclusion of this piece.
“The Speaker and Agboola had very fruitful and friendly discussion that day in his office. After visiting the clerk, Agboola met the speaker and they spoke on a wide range of issues regarding the whole scenario. They even discussed about religion matters, you the two of them being Muslims. There was not tension, it was just a reassuring and friendly meeting,” the source noted. While coming out from the meeting that lasted over one hour, Agboola who returned to the crowd of supporters who massed outside the assembly gate told newsmen that “Today was a very significant day in the democratic journey of the state. I have met the speaker and the leadership of the House and we have very fruitful discussion. We are partners in progress and I am sure we are on the same page now on the issue. I am sure that in about a week from now, everything should have been sorted out. The spokesperson to the Speaker, Ibrahim Sheriff confirmed the development adding that that “Hon Agboola has met with the speaker twice already. I know that it is about the crisis and his swearing in,” he had told newsmen. The report said “He refused to disclose the outcome of the meetings and the time for the swear-in”.
What Next?
Following the latest development, many had expected the House to swear in the PDP candidate but that was not to be. Instead, the embattled APC lawmaker, Oluwanilo has continued to attend sitting. Reacting to the issue, the Speaker, Engr Yakubu Danladi-Solihu who spoke through his Media Aide, Sheriff Ibrahim told National Pilot that their stand had been that the case will be followed to a logical conclusion. He added that now that case had gotten to this stage, the needful will be done. However, about one month after the Apex Court dismissal of the APC’s appeal, the PDP candidate is yet get the House nod to replace Elewu. Now what’s next after this supposed stalemate? The days ahead will definitely present an interesting scenario.
Journey so far
After the March 9, 2019 election, Agboola’s opponent, Azeez Elewu Oluwanilo was declared winner and sworn in. This was however contested at the election petition tribunal. While the election tribunal ordered fresh election in Ilorin South constituency, a higher court, the Court of Appeal, declared the PDP candidate as the elected candidate. Mr Oluwanilo’s victory was upturned at the Appellate Court after the judge ruled that he did not submit his name to the Independent National Electoral Commission (INEC), thereby nullifying the certificate of return issued. This judgement was not obeyed by the state legislative arm despite protests by the aggrieved lawmaker, the Peoples Democratic Party and civil society organisations. However, in another ruling in July, the Appeal Court ordered the Assembly to swear in the PDP candidate, affirming the similar judgement delivered in November 2019.
