Local Government Election have been done with by OYSIEC according to the wishes of Governor Seyi Makinde.
However, the process is not completed.
Section 33-42 of the OYSIEC Law allows for anyone who has an issue with the returns of the Commission to ventilate his or her complaints at the Election petition Tribunals.
Having made a complete mess of the electoral Commission, the dirty games have proceeded to the hallowed Chambers of the Court.
It is shocking to see that Governor Makinde and OYSIEC are leaving no stone unturned to cover up the disgraceful act they combined to put out on 27th April 2024.
They are doing everything humanly possible to see that even those who were robbed of their mandates are equally robbed of the right to be heard.
We are not even talking of fear hearing here but the right to be heard at all.
I just left the premises of the Oyo state High court, in particular, court 13 where the Tribunal would be sitting.
I got some disturbing information yesterday that the filing of election petitions would elapse on Friday, 10th of May, 2024 and that would be petitioners would be required to pay a deposit of 1 million Naira in respect of Chairmanship and 5 hundred thousand Naira in respect of Councillorship.
I never thought the information could ever be true.
One, the OYSIEC Law clearly in section 35 thereof states that ” an election petition under this Law shall be presented within fourteen days from the date on which the the result of the election is declared”.
I see no ambiguity here.
The results of the election in question, as fabricated by OYSIEC was declared via the radio on Sunday, 28th of April, 2024.
There is no argument that whenever the word “shall” is used in a Law or statue, it confers mandatory.
Fourteen days counted from Monday the 29th of April, shall elepse on Sunday, 12th of May, 2024 and not Friday, 10th of May, 2024.
Also, the purported claim of the payments of some deposits of 1 million Naira and 5 hundred thousand Naira respectively for would be Chairmanship and Councillorship petitioners is not only novel, it is bizarre.
The payments of such outrageous amounts of money does not have any legal back up.
Unfortunately, both positions were confirmed by a gentleman who claimed to be the Registrar of the Tribunal this morning.
I asked him on whose authority were the positions made and he went blabbering.
At first, he said it was OYSIEC but that the money would be paid to the coffers of the Oyo state High court.
I demanded for a written directives on such sensitive matter but he said he had none!
It was a verbal directive!
When I told him in specific terms to count 14 days from Monday, 29th April on his fingers and that on Friday, 10 th of May, it will just be 12 days and not fourteen, he quickly recanted and said they would be around on Saturday and Sunday.
Please note that when dealing with Tribunals, Saturdays and Sundays count as working days. Even, sometimes, public holidays, subject to agreement of parties.
While pressing him about the issue of payment of the deposit sums, he said that was the practice but when I told him that I was the only one who filed a petition in 2021 and no such payment was made, the gentleman bolted and walked away!
I have carefully perused the OYSIEC Law, I do not see anywhere that talks of payment of a deposit of money by would be Chairmanship and Councillorship petitioners.
Apart from that, this kind of outrageous payment have never been demanded as a pre condition of filing an election petition.
Even the Electoral Act does not envisage this kind of unpleasant situation.
It is important to say here that those in positions of authority should be circumspect and operate by the rules of Law and Natural justice in their dealings with all manner of people.
The ones using you today may be a pal to the ones they used you against tomorrow.
We can not continue to treat this once beautiful Nation like a piece of rags.
Actions like this give birth to bitterness.
Unfortunately for those who are being used today, they can never ever imagine what tomorrow has in store.
This moments will fly away.
Another Sheriff will come to town.
Protecting illegally by all means is a terrible sin against God and Man.
Perhaps it will be apposite to sound this note of caution to those who are already being used, those who are being used presently and to those who might potentially be used to perpetuate evil, the one who has used you, who is using you and who will use you will always dump you at the appropriate time.
You will not be the first.
Mukaila Auxiliary is a wonderful example.
SOLA ABEGUNDE.
