As Judge Says Wole Olanipekun Not Making Sense
… You Should Have Defended Allegation Of Doctored Results At Tribunal, Judge Tells Yusuf Ali
The Appeal against the ruling of Osun governorship election Tribunal today took off on a sad note for the Appellants namely Gboyega Oyetola, the All Progressive Congress and the Independent National Electoral Commission INEC.
From the three Appeals to the cross Appeal by Senator Ademola Adeleke, it was a rolling show of Judicial bashing for Oyetola, APC and INEC.
The Appellants’ Counsel staggered from one error to the other amidst muddling of presentations and out of context legal submissions, prompting the judges to on several occasions intervene to correct and even frown at obvious misrepresentations, misinformation and irrelevant arguments by the Counsel for Appellants.
As the three Appeals and cross Appeal proceeded one after the other, the counsels to the Appellants and the cross Respondents descended into legal confusion with even the legal juggernauts among them, Wole Olanipekun SAN, Akin Olunjinmi SAN and Yusuf Alli SAN engaging in what the judges considered to be legal ramblings and obvious irrelevances.
At today’s sitting, the judges had reason to chide and call to order the appellant’s counsels for more than 12 times such that at a point ,one of the judges exploded:”we are not making sense of your submission at all.
“You tend to be everywhere .You are citing pages and pages and we are not getting the point you are making. You need to be more concise “, the panel chairperson, Justice J.H. Sankey pointedly told Wole Olanipekun SAN.
As though ruffled by the calm disposition and legal intellectualism displayed by respondents’ legal team comprising of Dr Emeka Ikpeazu, SAN,Dr Ananaba, SAN,N.O.Oke,SAN ,Ogunwumiju, SAN, the counsels to the appellants got trapped in many legal holes and on many occasions, the judges had to pull them out to safe the integrity of the learned silks.
The proceedings had taken off on a good note with the panel chairperson promising accelerated hearing.
Senator Ademola Adeleke and Gboyega Oyetola were sitting facing each other both wearing white with Adeleke’s white garments reinforced by that of his deputy, Albert Adeogun. In a very tense seven hour hearing punctuated by only 10 minutes recess, the sitting commenced with the first appeal.
To the shock and apprehension of the chamber, Olanipekun launched the first Appeal apparently focussing only on line of argument – that the Judge who delivered the majority ruling at the lower court was not present on a particular day of the hearing. Scrambling to cite authorities to back up his claim, it became obvious that the Appellants have no defence against the substance of the Tribunal judgement.
The respondent’s counsel, Ikpeazu SAN responding on this point affirmed that the issue in question is about conflict of court records as Justice Obiorah was cited in the proceedings of the said date even though he did not sign. To nail Olanipekun who had built a castle in the air ,Ikpeazu declared that the Appellants should have filed an affidavit to inquire from the judge and to clarify the conflict in the court records. The issue he said cannot be simply settled by assumption of the appellant’s Lawyers. Justice Obiorah he said should be given fair hearing to know exactly what happen on the said day.
Ikpeazu SAN by raising the issue of conflict in court records and the need for affidavits to get clarification from the Judge punctured the major plank of appellant’s case. All efforts to reset the matter failed as the respondent submitted several authorities to prove that the issue of a Judge’s absence cannot be determined without hearing from the judge.
On the second Appeal, Olanipekun run into troubled water when he posited that the respondent, Ademola Adeleke is seeking to be declared winner on the basis of September 22 poll which has been declared inconclusive. The Tribunal he said exceeded its authority by reframing reliefs and granting such adding that the
petitioner did not plead categorically.
Plunging further into self deviced legal trap,Olujinmi posited that the respondent attacked September 27 poll to win the September 22nd election,affirming that the respondent did not plead non-compliance in September 22 election .He noted that non compliance of September 27 cannot be used to gain advantage on September 22,adding that the Tribunal relied on certified true copies of forms EC8a dumped on the court to compare and take decision.
The legal sophistry and manipulative proposition by Olujinmi was immediately buried by Dr Ikpeazu who methodically and calmly demolished the legal lies built and packaged by Olujinmi. Ikpeazu SAN submitted that the APGA case cited by Olujinmi is not applicable to the Osun case. In the APGA case,there was no return on the election,so the court held that the election where there was no return cannot be adjudicated upon.
In the case of Osun, he said there was a return with Senator Adeleke winning by majority votes and satisfying the local government spread conditional requirements to be declared. The respondents submission he said was that on the basis of September 22nd poll which was announced by the electoral commission, Ademola Adeleke should have been declared Winner.
In other words,the rerun was illegal as the constitutional requirement has been and satisfied by one of the contestants.
Ikpeazu declared further that contrary to Olujinmi’s submission, the respondent pleaded both September 22nd and 27th polls in the petition. Citing relevant authorities, he argued that no election is complete until a winner is declared. Hence, the respondent filed the petitions after the violently rigged rerun.
In what appears like a legal lecture on election petition, Ikpeazu passionately argued and submit with judges taken copious notes and with Oyetola on the VIP desk looking worryingly at the exceptional brilliance of the respondents lawyer.
On the third Appeal,the INEC lawyer,Yusuf Ali was confronted with probably one of his worst legal outing.
First, his presentation was devoid of seriousness to the extent that the panel chairman jokingly said the learned silk is only entertaining the court.
He hinged his submission on the fact that the tribunal was wrong to have held that INEC should have called witnesses to defend the doctoring and mutilation of results sheets. He struggled and laboured to proof that form EC8A is not very important and that ballot accounting is irrelevant in an election.
As he was making his submission,the judges were questioning his lines of thought even before the respondents reacted .One of the judges questioned him about why INEC failed to react to the many allegations at the trial stage during the life of the suit at the lower court. He responded by saying the burden of proof is on the Petitioner. At that point,a judge fired at him and said: “you should have vigorously defended the allegations against INEC at the tribunal”
Another judge told Ali SAN that INEC should have invited witnesses and also explained why the results sheets were altered.
Responding, Ipkeazu affirmed that there was no contradiction in the ruling of the tribunal over the issue of non-compliance. He said the burden of proof shift only after the accused has made his submission. In this case he said INEC failed to explain the disparity between certified true copies and pink copies of ec8a which are results from the wards.
On the issue of powers of the tribunal to cancel and declare results, Olujinmi failed in his bid to prove that the tribunal has no power despite citing the ruling of the court. He even produced a 2015 version of the electoral act ,positing that the court ruling by Justice Kolawole striking that section 140 (2) of the electoral act has no effect. Olanipekun added his own by saying the ruling is overtaken by events.
Midway, the judges questioned the submission before Ikpeazu jailed the coffin by asserting that as at today ,the ruling and the judgement remains especially as there has been no appeal against it. The panel Judges even concurred with the respondent’s submission.
A major high point of the hearing today was the hearing on the cross Appeal when the counsel to Adeleke ,Kehinde Ogunwumiju,SAN made his presentation submitting that the court should add six 6 witnesses rejected at the tribunal and add their testimony to the hearing. He submitted that granting the prayers will increase the margin of win of his client, Adeleke.
In a major show of legal mastery,the SAN took on Wole Olanipekun,Akin Olujinmi and Yusif Ali,knocking lives out of their presentations and submitting that the panel should allow the cross Appeal.
By the time the hearing closed around 4:30pm, it was clear that the appeal has probably failed and that the cross Appeal has strong prospects. Olanipekun left the premises frowning while Oyetola hurriedly left without speaking with the press. Ajibola Ajibola Bashir was clearly rattled while the well mobilised APC members left in clearly very sad mood.
Senator Ademola Adeleke was thronged by well wishers.
The names of the panel members are J H Sankey, A. D. Yahaya, I G Mbaba, Justice Akeju and BG Sanga
Details provided by Imole Media Team
https://newsbreakng.com/osun-appeal-court-how-oyetola-respondents-lawyers-were-ridiculed-in-court/

Imole de okunkun parada ni ipinle osun.

*STILL ON OSUN GUBER COURT OF APPEAL SITTING; OUR STANDS*

Dr Oyechi Ikpeazu (SAN), Counsel to both Adeleke and PDP urged the court to dismiss the submission advanced by the counsel to the appellants, adding that the cancellation of the Sept.22, 2018 governorship was unconstitutional.

Ikpeazu submitted that the Electoral Act did not empower INEC to willingly cancel election when a winner had clearly emerged.

He explained that the cancellation which was done by the collation officer rather than the presiding officer was indicative of how deep the electoral body went to thwart the process in favour of the APC candidate.

He also said that the respondents were able to prove over voting at the lower tribunal, adding that the supplementary election conducted in 7 polling units on Sept. 27 was marred by violence and malpractices.

“Our contention has always been the non-declaration of Adeleke after he was clearly in the lead and it was resounding that the tribunal eventually right the wrong’’,

He furthered that INEC was unable to defend the entire process that it handled, adding that vital sensitive forms that should guarantee transparency of the process were not entered by the electoral body.

*Brought To You By: Iyiola Olayemi F. Emmanuel Of Continental News Gazette ~ CNG*

Ours is not to Lament!!! To the good People of Osun State and most importantly PDP Members and especially the Imole Fans, We must begin to render thanks to our God. Recall that the sacked Governor, Gboyega Oyetola only once attended the Tribunal sitting on the last day leading to the judgment that removed him from office. Again today, the troubled Oyetola was sighted at the Appeal Court on its maiden sitting which has been confirmed to lead to the judgement day. For those who God may have bestowed part of the hidden knowledge to, I task them to find out whether in the Islam way or Christianity way, by coincidence, Oyetola has inflicted another fatal damage upon himself by his appearance, he shall fail at the Appeal by the grace of the most high God. Who advised Oyetola to go to the Appeal? Did he ensure he was spiritually cleared to be in court? If he did, and if his mediators are sure of themselves, they would have known that their Client will by programming bring harbinger of rather fortune. For us, We say to God be the Glory!!!
Before now, the public do not doubt that Demola Adeleke indeed truly won on September 22nd, 2018. The Tribunal affirmed this constant on March 22nd, 2019 to which the global community applauded the majority judgement. Among early praisers of that epoch Tribunal judgement was Former President Olusegun Obasanjo on behalf of the Forum of Former World Presidents. Who else that matter that did not commend the judiciary for being uprightly honest, None...
I note with amusement that the substantial argument of the Appellants was that Justice Obiora did not sit on one day - only one day for that matter, Chief Wole Olanipekun SAN failed to add that the Tribunal sat every work day of the week for over 4 months and my lord Obiora attended throughout the 4 months but for just 1 day. The Petitioner called over 80 Witnesses alone, all the Respondents combined managed to call a little above 10 Witnesses putting the summation to about 100 Witnesses at the lower court, And their Lordships including Obiora saw directly and physically over 90 Witnesses for themselves. The argument on Obiora's absence for just a day involving mere 2 Witnesses is lame, shameless and a comedy.
Another matter of interest was that Chief Akin Olujinmi SAN said that the Tribunal erred because it relied on forms ec8a which according to Olujinmi were said to be dumped on the court. But the truth is that pink forms containing results sheets from the Wards are never dumped on the court by Demola Adeleke. Over 90% of PDP Witnesses tendered this documents, they spoke to it and in fact over speak to it, and the expert Statistician who analysed submitted that the ec8a forms are his fundamental sources for the review that he carried out. Deposition statements reflect this much. And the Lawyers working for Demola Adeleke which has Dr Ikpeazu SAN as the lead Counsel verbally convinced the Tribunal on the forms ec8a, they specifically addressed same in their written addresses. Therefore, such item can not be deemed to be dumped on the court by Anybody. What Olujinmi could have said that might make him to be somehow right was to be that Voters Register was dumped, and that the Tribunal had said in its judgement of March 22nd. That was the singular reason why overvoting allegation despite being the fact was not affirmed by the Tribunal. I concede that Akin Olujinmi SAN on a normal day is a brilliant Lawyer of not a small legal witchcraft. However, what happened was that the God of Demola Adeleke was on the throne and so the legal luminary became unusually incoherent. The same Olujinmi stated that the non compliance discovery which cost Oyetola his office by the judgment of the tribunal was only raised by Demola Adeleke to have been committed during the rerun and not on September 22nd. Again this is incorrect. The pleading concerning non compliance as raised by Adeleke, was not limited to the rerun alone. In fact we have pleading on certain LGs where rerun never held. So that argument was another speed without motion which is tantamount to zero.
Lawyer Yussuf Alli who was hired for INEC strenuously labour to justify why the First Respondent failed to call a single Witness but like a snake whose head was already cut off, to survive is an impossible miracle.
On this note, we are confident in our God and we assure our Supporters that we stand a positive date with history again insha Allah.

Judge the mood of Niyi Owolade, Former Attorney General of Osun State and Head of Legal Team of Adeleke Governorship Mandate while he exchanged greetings with the sacked Gboyega Oyetola. Judge that mood I say again and find the LCM.... Alhamdulilahi Robbi L Allamina.
Note : The Governor Elect of Osun State, Senator Nurudeen Ademola Adeleke and his Deputy, Honourable Albert Abiodun Adeogun are personally in the court to get judicial appreciation on first hand experience.

Akintunde Bello Sheriff ABS
Author

When the "TRUTH" is pronounced guilty, there is certainly "KICKBACK" that made it to be pronounced guilty. There is no need trying to cover a full grown pregnancy bump with your palms.

A cleaning job at Ibafo in Ogun state this morning if u are around d place u can link up on 08169217408

OSUN GOVERNORSHIPS APPEAL TRIBUNAL UPDATES

From the appeal court today in the case between governor oyetola and senator Adeleke
Chief Olujinmi submitted that it was erroneous for the Tribunal to rely on certified true copies of Forms EC8A having held that the documents were dumped on the Tribunal
Chief Olujinmi further submitted that the ground of the Petition stated by the Petitioner on non-compliance was restricted to 27 Sept 2018 election whereas the 17 units cancelled by the Tribunal relates to Sept. 22, 2018 election outside the purview of the ground of the Petition.
Chief Olujinmi submitted on behalf of APC that the judgment is a nullity because the Tribunal went out on its own to grant reliefs not sought by the Petitioners whereas it has no jurisdiction to do so!
Judgment in the appeal of Governor Oyetola is reserved and date will be communicated.
Chief Wole Olanipekun submitted that it is clear from the record that Justice Obiora did not sign the record on the day he was absent but signed on all other days.
Chief Wole Olanipekun representing Gov Oyetola has submitted that the majority judgment of the Tribunal should be nullified because Justice Obiora that did not sit throughout the proceedings wrote the judgment and reviewed evidence of witnesses he did not see.

Diuch Reporters

These Apc cockroaches needs to be flushed out

#StillOnOsunGuberCourtOfAppealSITTING

Ikpeazu (SAN), Counsel to both Adeleke and PDP urged the court to dismiss the submission advanced by the counsel to the appellants, adding that the cancellation of the Sept.22, 2018 governorship was unconstitutional.

Ikpeazu submitted that the Electoral Act did not empower INEC to willingly cancel election when a winner had clearly emerged.

He explained that the cancellation which was done by the collation officer rather than the presiding officer was indicative of how deep the electoral body went to thwart the process in favour of the APC candidate.

He also said that the respondents were able to prove over voting at the lower tribunal, adding that the supplementary election conducted in 7 polling units on Sept. 27 was marred by violence and malpractices.

“Our contention has always been the non-declaration of Adeleke after he was clearly in the lead and it was resounding that the tribunal eventually right the wrong’’,

He furthered that INEC was unable to defend the entire process that it handled, adding that vital sensitive forms that should guarantee transparency of the process were not entered by the electoral body.

Imole De, Okunkun Parada

Stolen mandate. And hes expecting peace.

anonymuz:
Stolen mandate. And hes expecting peace.

No peace for the wicked.

Johnnyessence:
No peace for the wicked.

The wicked are already when no one is even pursuing them

engineerboat:


The wicked are already when no one is even pursuing them

yes soooooo.

From the three Appeals to the cross Appeal by Senator Ademola Adeleke, it
was a rolling show of Judicial bashing for Oyetola, APC and INEC.
The Appellants’ Counsel staggered from one error to the other amidst
muddling of presentations and out of context legal submissions, prompting
the judges to on several occasions intervene to correct and even frown at
obvious misrepresentations, misinformation and irrelevant arguments by the
Counsel for Appellants.




It's not easy to use lies to cover lies nah , hence the confusion !

Come let us reason together and situate this heading that has been giving the APC sympathizers headache in Osun State. On Non Compliance established by the Petitioners and agreed to by the Tribunal, the Court ruled that because INEC dubiously failed to record sensitive information on the election result sheets, that substantially affected the election and therefore votes arising from the marked areas can not count. But the APC said before scores of parties are on the results, it make the ec8a valid. That was APC argument at the Tribunal. However when they got to the Appeal Court yesterday, APC, Oyetola and INEC divorced their Tribunal argument and veered into a new explanation by denying the forms ec8a that they all defended at the Tribunal by saying same ec8a were dumped on the court. Were these not the same ec8a that Counsel Agbede, Wole Olanipekun SAN and Akin Olujinmi SAN defended to state that mere non filling of columns on it can not make it worthy?

I take cognisance that ec8a is probably the most sensitive electoral material after the ballot papers. Excusing non filling of sensitive information on then such as ballots accounting will mean significant non compliance. Take for example if there are 500 registered Voters in a place and on the day of election only 480 came for accreditation and figures of results are recorded which give Party A 300 Votes and Party B 250 Votes, totalling 550 Votes which amounted to over voting, Nobody can discover the over voting on the surface of the ec8a if the columns for ballots accounting were not filled like INEC did in Osun State governorship election. Therefore, whoever says non filling of the columns on ec8a is not substantial non compliance, such Person is not alright. His education has not counted and reflected.

Same on the non filling of the columns on forms ec8a, and white washing because of mere filling of parties results, it is like a Student who offered an examination and answer questions in his exams booklets without writing his name, centre number and candidate's other details on the front leaf of the answer booklets, no matter how brilliant the Student can be or how accurate the answers he supplied could be, such a Student has dealt a big blow on himself when he failed to properly fill his details for identification. When other Candidates results are released, the exam body will not have any reason other than to cancel his or her own result for the inability to comply with full instructions.

This is what INEC has caused Gboyega Oyetola and APC. And this is what the APC and Oyetola too have caused the INEC. Politicians will henceforth learn to allow electoral umpire to function without interference. No matter how brilliant a Lawyer can be, even if he is from the International Criminal Court - ICC in the Hague, the situation on Osun Governorship Election in September 2018 is messier than a mess. There is nothing anybody can do about it. Fortunately or otherwise, Abiku so Ologun Giant Legal Luminaries like Yussuf Alli SAN, Akin Olujinmi SAN, Wole Olanipekun SAN dii Eke... Who can interpret that in English for my non Yoruba Audience.

I remain Akintunde Bello Sheriff ABS