NIGERIA: APPEALS COURT UPHOLDS GOVERNOR ALAO-AKALA'S

UNCLAS LAGOS 000144 Sensitive But Unclassified SIPDIS FOR GABORONE PASS PDROUIN USDOC FOR 3130/USFC/OIO/ANESA/DHARRIS STATE PASS USTR FOR LISER, AGAMA STATE PASS USAID FOR NFREEMAN, GBERTOLIN TREASURY FOR DPETERS, RHALL, RABDULRAZAK DOJ FOR MARIE-FLORE KOUAME COMMERCE FOR KBURRESS E.O. 12958: N/A TAGS: PGOV PHUM KDEM NI SUBJECT: NIGERIA: APPEALS COURT UPHOLDS GOVERNOR ALAO-AKALA'S ELECTION ¶1. (SBU) SUMMARY: The Federal Appeals Court has upheld the April 14, 2007 election of Oyo State Governor Adebayo Alao-Akala (People's Democratic Party),and dismissed an appeal filed by All Nigerian Peoples Party Governorship (ANPP) candidate Abiola Ajimobi. The ruling has put an end to weeks of tension in Oyo State over the likely outcome of the judgment. The Court's judgment upheld the March 17, 2008 ruling of the election tribunal. End summary ¶2. (U) On March 17, the Federal Appeals Court dismissed an appeal filed by All Nigerian Peoples Party Governorship (ANPP) candidate Abiola Ajimobi challenging an election tribunal's upholding of Governor Alao-Akala's election to office in 2007. (Note: The election tribunal declared Governor Alao-Akala the winner of the election on March 17, 2008. End note) In a unanimous decision, the Court rejected all grounds of the appeal in favor of Governor Akala and ruled that ANPP candidate Ajimobi had failed to prove beyond a reasonable doubt his allegations of malpractice in the 2007 election. The court explained that election malpractices are criminal offences which must be proved beyond a reasonable doubt. Before the ruling, supporters of both the ruling Peoples Democratic Party (PDP) and the opposition All Nigerian Peoples Party (ANPP) expressed confidence that the judgment would be decided in their favor. Local press had reported that, despite this optimism, Governor Alao-Akala has already packed his personal belongings out of the government house in anticipation of a likely defeat at the Appeal Court. ¶3. (U) On March 17, 2008, the election tribunal, in a split decision (4-1),dismissed Ajimobi's allegation of election malpractices on the ground that the charges, including intimidation, thuggery, and ballot box stuffing, were not proved beyond a reasonable doubt. The minority judgment upheld Ajimobi's allegation of substantial non-compliance of the electoral act during the election. It also called for the nullification of Alao-Akala's election and a fresh election in the affected polling units by the Independent National Electoral Commission. ¶4. (SBU) COMMENT: The Appeals Court's ruling in Oyo State is another case in which an appeals court upheld an election tribunal's ruling. (Note: Edo and Ondo are two other examples where the appeals court upheld the election tribunal's ruling. End note) While all the judges believe to some extents Ajimobi's allegation of election malpractices in many polling stations, the decision boiled down to Ajimobi's proving his case "beyond a reasonable doubt". End comment.