Adeleke Vs Oyetola: The Proceedings And Court Of Appeal Final Verdict


Breaking: A-Court upholds Oyetola's appeal, says Adeleke has no case

vanguardngr.com

May 9, 2019 11:41 AM



ABUJA – The Court of Appeal in Abuja, on Thursday, upheld the election of Governor Adegboyega Oyetola of Osun State, even as it nullified the tribunal judgment that declared Ademola Adeleke of the Peoples Democratic Party, PDP, as valid winner of governorship election that held in the state in September,

The appellate court, in a four-to-one decision, held that the entire proceedings of the Osun State Governorship Election Petition Tribunal, including its judgment, amounted to a nullity.

Justice Jummai Sankey who read the lead judgment of the appellate court, said it was wrong for a member of the tribunal panel, Justice Peter Obiora, who did not attend the entire proceedings of the tribunal, to deliver the majority judgment that sacked Oyetola from office.

The court noted that the 180 days allowed by the constitution for hearing of governorship election petition cases had elapsed.

Consequently, though Justice Sankey declined to give full details of her judgment, in her final analysis, she held that the petition Adeleke’s lodged before the tribunal was incompetent, including reliefs he sought therein.

She held that both PDP and its candidate failed to prove their allegation that the September 27 re-run election that led to Oyetola’s emergence, was characterized by irregularities and over-voting.

The court further held that the 1st and 2nd Respondents, Adeleke and PDP, also failed to prove that the re-run election was conducted with substantial noncompliance to the Electoral Act.

It held that the failure of the Independent National Electoral Commission, INEC, to produce the ballot papers and record of accreditation to disprove allegations in the petition, did not substantially affect result of the election.

However, the court disagreed with Oyetola’s contention that Adeleke’s petition against his election was statues barred.

Out of 12 issues Justice Sankey highlighted, she only resolved two in Adeleke’s favour.

“The appeal succeeds, accordingly, I allow the appeal and set-aside the decision of the Osun State Governorship Election Petition Tribunal.

” I make no order as to cost “, Justice Sankey held.


Meanwhile, though three other Justices on the panel, Abubakar Yahaya, , Isaiah Akeju and Bitrus Sanga, agreed with the lead verdict, a fourth member of the panel, Justice Ita Mbaba, disagreed and upheld the tribunal verdict that gave Adeleke victory.

Justice Mbaba further awarded N200, 000 cost against Oyetola and the APC.

Meanwhile, the tribunal is currently deciding a separate appeal that was lodged by the APC, as well as a cross-appeal Adeleke and PDP filed to challenge the minority judgment of the tribunal that dismissed their petition.

It will be recalled that the tribunal had in a two-to-one split judgment it delivered on March 22, upheld a petition that Adeleke and the PDP lodged against the declaration and return of Oyetola as winner, based on the outcome of the supplementary governorship election.

INEC had at the end of an initial election it conducted on September 22, cancelled results from seven polling units in four Local Government Areas in the state, and ordered a re-run poll.

However, in the lead verdict that was delivered by Justice Obiora, the tribunal, noted that none of the parties disputed the fact that it was the State Returning Officer that cancelled the initial election

The tribunal held that the State Returning Officer acted beyond the power that was allocated to him under the Electoral Act when he voided results and ordered supplementary election in the affected areas.

“We hold that the cancellation was unlawful and ultra-vires of his powers.The cancellation cannot stand, being a product of illegality”, the tribunal held.

Moreover, the tribunal said the onus was on Presiding Officers in polling units where alleged electoral infractions took place, to cancel the result and report same to Ward Collation Officers.

It held that upon receipt of the complaints, the Collation Officer was mandated by the law to fill Form EC40G and submit to the Local Government Collation Officer who will in turn transfer the information in the Form EC40GI and hand same over to the State Collation Returning Officer.

The tribunal held that in the absence of evidence that it was Presiding Officers of the seven Polling Units that cancelled the results, the action of the State Returning Officer amounted to an act of illegality.

Maintaining that the petitioners successfully established a case of non compliance in 17 polling units during the initial election of September 22, 2018, the the tribunal, went ahead and deducted votes that were credited to both PDP and APC in those units.

Dissatisfied with the decision, Oyetola and the APC lodged separate appeals.

Cc: ChristianNorth engineerboat tuniski wiseandtrue

What’s my own?

Summary of Appeal Court judgement:

THE VERDICT

* Petition incompetent as per the reliefs sought. Petitioners did not prove over-voting

*Trial tribunal wrong in declaring the rerun election of September 27, 2018 illegal

*The tribunal ought not to have voided the results from the 17 polling units on the grounds that some portions of the results sheets were not recorded

*The only appropriate order is for a rerun election as provided under Section 140(2) of the Electoral Act, not to recompute the results and declare a winner

*The tribunal was in patent error when it set aside the rerun election after finding that the rerun was not marred by malpractices and non-compliance with the Electoral Act, leading to the unwarranted disenfrachisement of the voters in the seven polling units

kahal29:
Summary of Appeal Court judgement:

THE VERDICT

* Petition incompetent as per the reliefs sought. Petitioners did not prove over-voting

*Trial tribunal wrong in declaring the rerun election of September 27, 2018 illegal

*The tribunal ought not to have voided the results from the 17 polling units on the grounds that some portions of the results sheets were not recorded

*The only appropriate order is for a rerun election as provided under Section 140(2) of the Electoral Act, not to recompute the results and declare a winner

*The tribunal was in patent error when it set aside the rerun election after finding that the rerun was not marred by malpractices and non-compliance with the Electoral Act, leading to the unwarranted disenfrachisement of the voters in the seven polling units

Read what you posted here 10 times over and tell me if.it makes sense to you. This is just a script from Tinubu. What a judgment

Ratello:


Read what you posted here 10 times over and tell me if.it makes sense to you. This is just a script from Tinubu. What a judgment

Sorry I forgot you are still in pains

Sen Ajobiewe should go and sit down some where.

I take my time to read over the crooked appellate pronounced majority judgement that affirmed Oyetola as Governor of Osun

What you people don't know is more than what you know in the legal processes or proceedings.

The battle just began.

Personally, I have been prepared for the upturned of the tribunal judgement at appellate court for the fact that, the present President of Appellate court is Tinubu stooge while her husband is just elected member of senate in Bauchi under the APC as a party and the game ended up with $2M bribe which the civil societies has petitioned. Let just wait and see how the game goes.

It was Nigeria of yesterday you can overrides on peoples will not this present time.

We all belonged to this country and have choice to our preferences. Therefore, No one can blame you for celebration of daylight robbery and stolen mandate which is the hope for common men in Osun, as will be retrieve back at the apex court.

The case is a win-win matter. Now, the battle just started.

But, if the appellate majority technical judgement that nullified the peoples mandate over the absent of Justice Obiorah who only absent in the court for a day out of the 6 months used to heard the case and when only 2 witnesses of APC presented to court out of the 22 witnesses of the so-called APC party can be used as a yardstick to nullified the tribunal judgement.

Or, we shall all know if the processes of judiciary is a continuous process or not? Because we don't know that if it's stated in the judiciary processes that once a judge is absent or relief or on official leave of office over an ongoing case as automatically truncated that case or what?

All the above will be heard in the Supreme Court.

The supreme court is there to take final verdicts and vindicate the true winner of the election, which I believed will upturn the appellate majority technicality judgement to the rightful owner of the mandate who is Sen. Ademola Adeleke.

If APC thinking is that the worse that will come is to have fresh election or rerun is a day dreams.

Therefore, here is the time we shall all know, if we truly have constitution that has veto over the edicts or acts of any government agencies in this country or not?

Today's majority judgement is based on the electoral laws implementations which used to overrode the Nigeria constitution.

Whoever celebrating today's majority judgements of the appellate court is beckoning of childish and comedic games, as the electoral acts can never superimposed the Nigeria constitution.

Victory for Sen. Ademola Adeleke retrieval of stolen mandate is certain at the apex court.

*Signed:*
Aderinto K. Abiola
(Mandela)

Ratello:
I take my time to read over the crooked appellate pronounced majority judgement that affirmed Oyetola as Governor of Osun

What you people don't know is more than what you know in the legal processes or proceedings.

The battle just began.

Personally, I have been prepared for the upturned of the tribunal judgement at appellate court for the fact that, the present President of Appellate court is Tinubu stooge while her husband is just elected member of senate in Bauchi under the APC as a party and the game ended up with $2M bribe which the civil societies has petitioned. Let just wait and see how the game goes.

It was Nigeria of yesterday you can overrides on peoples will not this present time.

We all belonged to this country and have choice to our preferences. Therefore, No one can blame you for celebration of daylight robbery and stolen mandate which is the hope for common men in Osun, as will be retrieve back at the apex court.

The case is a win-win matter. Now, the battle just started.

But, if the appellate majority technical judgement that nullified the peoples mandate over the absent of Justice Obiorah who only absent in the court for a day out of the 6 months used to heard the case and when only 2 witnesses of APC presented to court out of the 22 witnesses of the so-called APC party can be used as a yardstick to nullified the tribunal judgement.

Or, we shall all know if the processes of judiciary is a continuous process or not? Because we don't know that if it's stated in the judiciary processes that once a judge is absent or relief or on official leave of office over an ongoing case as automatically truncated that case or what?

All the above will be heard in the Supreme Court.

The supreme court is there to take final verdicts and vindicate the true winner of the election, which I believed will upturn the appellate majority technicality judgement to the rightful owner of the mandate who is Sen. Ademola Adeleke.

If APC thinking is that the worse that will come is to have fresh election or rerun is a day dreams.

Therefore, here is the time we shall all know, if we truly have constitution that has veto over the edicts or acts of any government agencies in this country or not?

Today's majority judgement is based on the electoral laws implementations which used to overrode the Nigeria constitution.

Whoever celebrating today's majority judgements of the appellate court is beckoning of childish and comedic games, as the electoral acts can never superimposed the Nigeria constitution.

Victory for Sen. Ademola Adeleke retrieval of stolen mandate is certain at the apex court.

*Signed:*
Aderinto K. Abiola
(Mandela)

Nonsense

Appeal court with appalling judgments?

First it was the case of the dancing senator. The tribunal had a two-one split decision that there was no need for a re-run in the first place because the INEC official had no rights to cancel the elections he cancelled. Adeleke was declared the winner and APC went to the Appeal court.

The Appeal court, our own sacred hall of justice said that the tribunal ruling is overturned because the person that delivered the lead judgment was absent when two witnesses out of over 34 gave evidence. They also said that absence of ballot paper records does not prove that the electoral act has been substantially violated �. With those two reasons and an nine others, they rendered the tribunal irrelevant by throwing away its entire proceedings and refusing to send the case back for retrial.

Case of CJN Onnoghen.
The CJN challenged an exparte order, a very funky order made based on an unmoved exparte motion that the CJN be suspended from office, a clear violation of the Nigeria constitution and pisses on the principle of fair hearing.

Our Appeal court judges first put that case that should have been given accelerated hearing on cooler. They waited for the CCT to carry out its sham trial and conviction then announced they were ready to deliver judgment.

The Appeal court said that the order based on the funky exparte motion violated the CJNs right to fair trial but said since he has been found guilty by that same unfair trial, they were throwing the case out �

Ladies and gentlemen, is like we are having Miyetti Allah judgement for now at the Appeal courts o, or shall my Lords claim ignorance of how the constitution works? Could it be my Lords are having other overlords threatening them or why are we having appalling judgments from our Appeal courts? �

Let's see what the Supreme Court justices will say as we watch these dramas unfold �

Yomi Lawal

Ratello:
I take my time to read over the crooked appellate pronounced majority judgement that affirmed Oyetola as Governor of Osun

What you people don't know is more than what you know in the legal processes or proceedings.

The battle just began.

Personally, I have been prepared for the upturned of the tribunal judgement at appellate court for the fact that, the present President of Appellate court is Tinubu stooge while her husband is just elected member of senate in Bauchi under the APC as a party and the game ended up with $2M bribe which the civil societies has petitioned. Let just wait and see how the game goes.

It was Nigeria of yesterday you can overrides on peoples will not this present time.

We all belonged to this country and have choice to our preferences. Therefore, No one can blame you for celebration of daylight robbery and stolen mandate which is the hope for common men in Osun, as will be retrieve back at the apex court.

The case is a win-win matter. Now, the battle just started.

But, if the appellate majority technical judgement that nullified the peoples mandate over the absent of Justice Obiorah who only absent in the court for a day out of the 6 months used to heard the case and when only 2 witnesses of APC presented to court out of the 22 witnesses of the so-called APC party can be used as a yardstick to nullified the tribunal judgement.

Or, we shall all know if the processes of judiciary is a continuous process or not? Because we don't know that if it's stated in the judiciary processes that once a judge is absent or relief or on official leave of office over an ongoing case as automatically truncated that case or what?

All the above will be heard in the Supreme Court.

The supreme court is there to take final verdicts and vindicate the true winner of the election, which I believed will upturn the appellate majority technicality judgement to the rightful owner of the mandate who is Sen. Ademola Adeleke.

If APC thinking is that the worse that will come is to have fresh election or rerun is a day dreams.

Therefore, here is the time we shall all know, if we truly have constitution that has veto over the edicts or acts of any government agencies in this country or not?

Today's majority judgement is based on the electoral laws implementations which used to overrode the Nigeria constitution.

Whoever celebrating today's majority judgements of the appellate court is beckoning of childish and comedic games, as the electoral acts can never superimposed the Nigeria constitution.

Victory for Sen. Ademola Adeleke retrieval of stolen mandate is certain at the apex court.

*Signed:*
Aderinto K. Abiola
(Mandela)

This is the real definition of sifia pain

We are still in shock,what transpire in the appeal last sitting is diff to judgement deliver.