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Can Adeleke Prevail At The Apex Court? - Politics (2) - Nairaland

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Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 1:28am On Jun 24, 2019
On osun state governorship election
What supreme court may base their judgement on according
to the constitution.
1.The election has been concluded already,each party has
already knew their score the winner already clearly
emerged,with this result Ademola Adeleke has been satisfied constitution requirements, but under duress the person which not supposed to cancel elections do it.
2.supreme court will tell the whole world which is most
superior between constitution and electoral law.
If truly constitution superior above just electoral law which can be amend easily at any time. Ademola Adeleke has satisfied constitution requirements.
If supreme court prefers electoral law above constitution.
At first instance, What brings about inconclusive,who cancel
these 8units, presiding officer (PO) or returning officer
(RO)who has rights to cancel it according to the electoral
Acts.
3.supreme court will also tell the whole world, if INEC has
rights to cancel election that the winner has already known,
Final results has already pasted on INEC server .
4.Apex court will tell if truly form ECA8 were doctored /altered by INEC.
In my own assumption supreme court may likely base their
judgement on this below results

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Re: Can Adeleke Prevail At The Apex Court? by tuniski: 2:14am On Jun 24, 2019
Generalpatton:

You are the one that is wrong.the first three appeals are grounds in one suit.the 2nd appeal is a cross appeal.but let me not argue further because you never accept defeat.to show you that you that your legal knowledge is limited,you are treating the technicalities lightly.that is the first thing any court rules on that is why its called preliminary objections.if the supreme court finds merit in them,the case is over.ask any lawyer friend around you to educate you more before you misled yourself again.
According to you,the first appeal deals with the appeal judgment.if the supreme uphelds it especially the one relating to the absence of justice obiora,the 4th appeal is dead.try and understand simple things


The supreme court can uphold the Appeal court judgment but, still declare Adeleke winner on the 2nd appeal if it rules that supplementary election based on the margin of victory is inconsistent with the constitution thereby rendering the September 27th supplementary election Null and void since adeleke met the constitutional requirement to be declared winner.

The import of the judgment on the 4th appeal is deeper than Osun election but, on the validity or otherwise of 'margin of victory conditionality'.

If the SC rules against it, then Kano's situation is solved instantly.

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Re: Can Adeleke Prevail At The Apex Court? by EtovalAutomobil: 4:21am On Jun 24, 2019
In life there are always two tools in winning the fundamentals and the technicalities. I honestly think to the lay man it is a 50% chance.
So back to your question, when your fundamentals and technicalities are showing 50% chances then you need a higher power,which is the Spiritual one,so that leaves the case to the court of God. Whosoever he favoured is favored indeed


In everyday life we also take chances,having this beautiful LR3 on my signature shows you would always be on the winning side of life.Call or WhatsApp 08176119407 for inspection, serious buyers only.
Re: Can Adeleke Prevail At The Apex Court? by unitysheart(m): 5:14am On Jun 24, 2019
Johnnyessence:
senator Ademola Adeleke will never lose any case. Each and everyone knows that the jankara judgments in the appeal court was highly bought. Thanks to justice mbaba for saying the truths on the case. Oyetola will be disgrace in the court of justice. Thanks to supreme court that always do the needful in serving justice to any case that comes to their court. Thanks also to Dr. Ikpeazu for bringing good appeals that goes with the laws that's backing our constitution and amended electoral act. God bless Dr. Ikpeazu more. Olorunoba agbewa nija ni ile ejo Supreme Court.

Johnny Johnny.

How far na

2 Likes

Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 5:27am On Jun 24, 2019
unitysheart:


Johnny Johnny.

How far na
Olorunoba agbewa nija ni ile ejo Supreme Court ni agbara Olorun.

1 Like

Re: Can Adeleke Prevail At The Apex Court? by helinues: 6:24am On Jun 24, 2019
I dont think so.

Apc will use padi padi things as usual.

If you give a mad man an hoe to make ridges........

1 Like

Re: Can Adeleke Prevail At The Apex Court? by engineerboat(m): 7:48am On Jun 24, 2019
Generalpatton:

You are the one that is wrong.the first three appeals are grounds in one suit.the 2nd appeal is a cross appeal.but let me not argue further because you never accept defeat.to show you that you that your legal knowledge is limited,you are treating the technicalities lightly.that is the first thing any court rules on that is why its called preliminary objections.if the supreme court finds merit in them,the case is over.ask any lawyer friend around you to educate you more before you misled yourself again.
According to you,the first appeal deals with the appeal judgment.if the supreme uphelds it especially the one relating to the absence of justice obiora,the 4th appeal is dead.try and understand simple things


The supreme court are to review the two previous judgments: the cases dwelling on the tripod of; facts (incontrovertible evidence), law (the constitution and electoral act) and justice.

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Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 8:05am On Jun 24, 2019
tuniski:


The supreme court can uphold the Appeal court judgment but, still declare Adeleke winner on the 2nd appeal if it rules that supplementary election based on the margin of victory is inconsistent with the constitution thereby rendering the September 27th supplementary election Null and void since adeleke met the constitutional requirement to be declared winner.

The import of the judgment on the 4th appeal is deeper than Osun election but, on the validity or otherwise of 'margin of victory conditionality'.

If the SC rules against it, then Kano's situation is solved instantly.
Guy,why are you always annoying and dumb? Why try to bring your own logic into established judicial precedents? Why go forward and backwards? I dont want to descend into name calling.lawyers in the house,help this fellow please
Re: Can Adeleke Prevail At The Apex Court? by engineerboat(m): 8:07am On Jun 24, 2019
Generalpatton:
I know its subjudice to discuss matters before a court but i wonder if adeleke can get victory based on what happened at the supreme court hearing on the 17th of June.his lead counsel made grievous errors that may cost him the case,olanipekun as usual took advantage of the technical error and moved a motion to strike out the case.wole best skill is always in defending electoral victories and always prevails using technicalities but performs averagely when he is on the petitioning team.what are the chances of adeleke winning?


Seunmsg
Zoedew
Tuniski
Sirjamo
Metaphysical
Esseite
Ejimatic
Sapphire
Freeze
Lzaa
Kyase
Kenone
Oghenaogie

Tale a closer look at the minority judgement of the appeal court.


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.

Giving his reasons, Justice Mbaba maintained that Oyetola and APC’s allegation that Justice Obiora was absent during the proceeding of the tribunal on February 6, was founded on mere speculation and inference.

He noted that from evidence before the court, whereas Justice Obiora’s name appeared on the heading of record of proceeding for that date, the appellants’ conclusion that he was absent was based on the fact that his name did not appear on the signature page.

Justice Mbaba agreed with Adeleke’s lawyer, Dr. Onyechi Ikpeazu, SAN, that such conflict could only be resolved through affidavit evidence.

More so, Justice Mbaba said there was also the possibility that the mix-up was an error from the Secretariat of the tribunal which compiled and transmitted the record of proceeding.

He said the appellate court could have called for the original file from the tribunal, noting that since “intrigues and mischievousness also reign in election related cases, one cannot rule out the unfortunate possibility that the record could have been tampered with”.

Justice Mbaba said he was satisfied that Adeleke and PDP proved all their allegations and that INEC failed to justify the conduct of the supplementary poll.

“In conclusion, I resolve the issues in favour of the 1st and 2nd Respondents. I dismiss the appeal with a cost of N200, 000”.

The same scenario also played out in a second appeal that was lodged by the INEC.

While the other four justices allowed the appeal, Justice Mbaba dismissed it, even as he descended heavily on the electoral body for its failure to live up to expectation in the conduct of the election.

Mbaba noted that INEC which did not call witness at the tribunal or tendered any document, surprising filed the appeal to contend that Adeleke, having participated in the September 27 re-run poll, waived his right to challenge its outcome.

He held that no serious party would boycott any rerun election when a final declaration had not been made, even as he accused INEC of acting dubiously in the rerun election.

“INEC acted dubiously in the way it handled the rerun election. INEC should not have been put in the dock if it had done the right thing at the rerun election and when INEC was in the dock it shied away without filing any argument”.

He noted that INEC deliberately cancelled results in 17 polling units, adding that such action was illegal since the State Returning Officer lacked the power to do so.

“It is the presiding Officer that has the power to cancel results if need be”, Justice Mbaba added.
Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 8:11am On Jun 24, 2019
Johnnyessence:
On osun state governorship election
What supreme court may base their judgement on according
to the constitution.
1.The election has been concluded already,each party has
already knew their score the winner already clearly
emerged,with this result Ademola Adeleke has been satisfied constitution requirements, but under duress the person which not supposed to cancel elections do it.
2.supreme court will tell the whole world which is most
superior between constitution and electoral law.
If truly constitution superior above just electoral law which can be amend easily at any time. Ademola Adeleke has satisfied constitution requirements.
If supreme court prefers electoral law above constitution.
At first instance, What brings about inconclusive,who cancel
these 8units, presiding officer (PO) or returning officer
(RO)who has rights to cancel it according to the electoral
Acts.
3.supreme court will also tell the whole world, if INEC has
rights to cancel election that the winner has already known,
Final results has already pasted on INEC server .
4.Apex court will tell if truly form ECA8 were doctored /altered by INEC.
In my own assumption supreme court may likely base their
judgement on this below results
This is the substantive suit.the supreme court can only come in here if only adeleke scales through preliminary objections and also agree that justice obiora wasn't absent
Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 8:32am On Jun 24, 2019
Generalpatton:

This is the substantive suit.the supreme court can only come in here if only adeleke scales through preliminary objections and also agree that justice obiora wasn't absent
of course it's the preliminary objection that the supreme court will first ruled on before proceeding to other cases.

1 Like

Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 10:10am On Jun 24, 2019
Johnnyessence:
of course it's the preliminary objection that the supreme court will first ruled on before proceeding to other cases.
Good we are getting somewhere.do you realize that if the court finds merit in the preliminary objections,the case is dead?

1 Like

Re: Can Adeleke Prevail At The Apex Court? by ejimatic: 10:20am On Jun 24, 2019
ejimatic:
. I appreciate my inclusion on this platform.All opinions expressed are respected. Every litigation has an end .and the the end is Supreme court in Nigeria.From my personal observations the issues before the apex court are. 1. Is the absence of Obiora makes the tribunal majority judgement a nullity? The electoral laws and constitutions repealed by the PDP government stipulate that a judge must be present in all sittings to assess the witnesses and observe their comportment. If a judge is absent even in a sitting it makes the whole process a nullity. .Section 258 of the constitution. There are supreme court judgements on this even during the Former CJN. Katisina ALU. Adeleke will loose this 2. Can the tribunal annul add up votes or subtract votes and declare winner? Section 148 of the electoral law states categorically that the tribunal has no right to declare winner from adding or subtracting votes. If votes are debated rerun can be ordered. Adeleke will lose here too. 3 Is the alteration in the seventheen polling units an aberration? The Supreme court opinion is that any INEC official can cancel votes and fill appropriate form for it to back it up...Such cancellation must be acceptable by the state returning officer.Additionally if the party agents agreed to the cancellation and number in the overall result sheets tally with what all party agents have. the results are binding..Adeleke will lose this too. At the collation center nobody raised an alarm when the debated votes were being reconciled. 4 Was the rerun necessary even when Adeleke was leading with 300/votes? The electoral law states that when margin between the winner and loser is not up to number of votes in areas where votes did not take place. a rerun must be ordered. IMO Kogi and Kano elections supra. In the case of IMO winner was leading with over 100 thousand still rerun was ordered. Adeleke will lose here too. as the rerun is constitutional..5 Was the rerun filled with violence? Electoral laws and constitution differentiate between criminal matter and electoral matter.If there is a violence at the polling unit it it an electoral matter.the votes will be cancelled..if the violence takes place far away from the polling booth it is a criminal matter.In all areas where rerun took place no violence report in the polling booths so the results are acceptable. Any case of violence which took place outside the polling Ares are criminal matters and do not affect the results.. Here Adeleke will lose again.....From all indications. for Adeleke to win the case Nigerian laws and electoral laws will be rewritten before July 5 2017....Oyeyola APC has better chances.
. There are differences between technical issues and legal issues in supreme court.Technical issues include non filing suit within the stipulated period, use of wrong terminologies and poor filing of a case...Legal issues are what are in the constitution .....Justice Obniora absence is not a technical issue but a violation of the constitution...But for the time constraint the appeal court should have ordered a retrial .No wonder it went ahead to look into the matters and decided all issues afresh. The issues before the supreme court are subsumed in one another since they are appeals and counter appeals. Thus decision on one will affect a related other issue.

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Re: Can Adeleke Prevail At The Apex Court? by LZAA: 10:23am On Jun 24, 2019
As far as the cjn is not a Apcheat apologist i dont see why not
Cc immhotep

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Re: Can Adeleke Prevail At The Apex Court? by zoedew: 9:45pm On Jun 24, 2019
engineerboat:


Tale a closer look at the minority judgement of the appeal court.



Findings of fact by the lower court will only be set aside by a superior court where it is perverse! Is the finding of fact by the Court of Appeal on the record of proceedings before the Tribunal Of first instance perverse? That is the question the SC will consider on the alleged absence of Obiora J on the day in question.

1 Like

Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 12:17am On Jun 25, 2019
Generalpatton:

Good we are getting somewhere.do you realize that if the court finds merit in the preliminary objections,the case is dead?
generalpatton or senatordave1 or whatever you called yourself here, stop saying what's not. you are not part of supreme court justice, so you have no idea on what they will judge upon OK. July 5th is the judgement day and Nigerians will know what the ruling are based upon.

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Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 12:31am On Jun 25, 2019
zoedew:


Findings of fact by the lower court will only be set aside by a superior court where it is perverse! Is the finding of fact by the Court of Appeal on the record of proceedings before the Tribunal Of first instance perverse? That is the question the SC will consider on the alleged absence of Obiora J on the day in question.
As if you are the judge that will decide on the case, stop saying trash here as expected from you Apc apologist. supreme court judges will decide on the pdp appeal as tendered to the court which specified the majority judgment of the tribunal court. you never read what CJN that precided on the case said in the hearing on June 17th. sure supreme court will decide on the pdp appeal according to laws backing electoral matters. stop judging on matter that you are ignorant of.

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Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 12:35am On Jun 25, 2019
ejimatic:
. There are differences between technical issues and legal issues in supreme court.Technical issues include non filing suit within the stipulated period, use of wrong terminologies and poor filing of a case...Legal issues are what are in the constitution .....Justice Obniora absence is not a technical issue but a violation of the constitution...But for the time constraint the appeal court should have ordered a retrial .No wonder it went ahead to look into the matters and decided all issues afresh. The issues before the supreme court are subsumed in one another since they are appeals and counter appeals. Thus decision on one will affect a related other issue.
this one too have started posting his trash as expected from him. your trash here is highly false. justice obiora only once abstained from the tribunal sitting when the trial is on in the tribunal and he have cogent reasons in which supreme court judges won't rule on that. supreme court judges will decide on the case based on the tribunal judgment cos' of it laws the majority judges followed in serving their judgment in the case.

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Re: Can Adeleke Prevail At The Apex Court? by zoedew: 7:31am On Jun 25, 2019
Johnnyessence:
As if you are the judge that will decide on the case, stop saying trash here as expected from you Apc apologist. supreme court judges will decide on the pdp appeal as tendered to the court which specified the majority judgment of the tribunal court. you never read what CJN that precided on the case said in the hearing on June 17th. sure supreme court will decide on the pdp appeal according to laws backing electoral matters. stop judging on matter that you are ignorant of.

If you were not ignorant about the law it should soon be clear to you that what the CJN said on June 17th is no different from my post. You will wake up on July the Fifth.

1 Like

Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 1:55pm On Jun 25, 2019
zoedew:


If you were not ignorant about the law it should soon be clear to you that what the CJN said on June 17th is no different from my post. You will wake up on July the Fifth.
why are you ignorant on my post here. your ignorance is beyond control. continue displaying it here.

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Re: Can Adeleke Prevail At The Apex Court? by walexydo: 3:08pm On Jun 25, 2019
Johnnyessence pls where are we going to meet on 5th July to celebrate SENATOR ADEMOLA ADELEKE victory. I will be on ground in Osogbo that day by God's grace.

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Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 3:49pm On Jun 25, 2019
walexydo:
Johnnyessence pls where are we going to meet on 5th July to celebrate SENATOR ADEMOLA ADELEKE victory. I will be on ground in Osogbo that day by God's grace.
I will be in osogbo oga walexydo. Let's keep on praying and fasting on the mandate recovery sir.

1 Like

Re: Can Adeleke Prevail At The Apex Court? by walexydo: 8:16pm On Jun 25, 2019
Johnnyessence:
I will be in osogbo oga walexydo. Let's keep on praying and fasting on the mandate recovery sir.
Alright my brother. God will grant us victory over election manipulators or riggers. Surely, justice will be served that day

2 Likes

Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 8:00am On Jun 26, 2019
walexydo:
Alright my brother. God will grant us victory over election manipulators or riggers. Surely, justice will be served that day
Amen in Jesus name. the will of God will prevail in the end.
Re: Can Adeleke Prevail At The Apex Court? by ejimatic: 12:03pm On Jul 05, 2019
Johnnyessence:
this one too have started posting his trash as expected from him. your trash here is highly false. justice obiora only once abstained from the tribunal sitting when the trial is on in the tribunal and he have cogent reasons in which supreme court judges won't rule on that. supreme court judges will decide on the case based on the tribunal judgment cos' of it laws the majority judges followed in serving their judgment in the case.
. I have been vindicated....when we talk you should be quiet ....You don't know evetything

2 Likes

Re: Can Adeleke Prevail At The Apex Court? by ejimatic: 12:05pm On Jul 05, 2019
Johnnyessence:
you have started your lies of epistles already. Like I always say, it will never hold any water .All the 7 judges will decide on the pdp appeal and they will start their judgement from tribunal judgement. Your epistles here is trash as expected. Very biased.
. epistles have become history of Osun State now.I have been vidicated

2 Likes

Re: Can Adeleke Prevail At The Apex Court? by zoedew: 2:32pm On Jul 05, 2019
Hello johnnyesence, “Findings of fact by the lower court will only be set aside by a superior court where it is perverse! Is the finding of fact by the Court of Appeal on the record of proceedings before the Tribunal Of first instance perverse? That is the question the SC will consider on the alleged absence of Obiora J on the day in question.” was my post before today and it has now been so held by the Supreme Court as expected.
fyi i’m no APC apologist but one given to dispassionate analysis from a legal perspective.

“As if you are the judge that will decide on the case, stop saying trash here as expected from you Apc apologist. supreme court judges will decide on the pdp appeal as tendered to the court which specified the majority judgment of the tribunal court. you never read what CJN that precided on the case said in the hearing on June 17th. sure supreme court will decide on the pdp appeal according to laws backing electoral matters. stop judging on matter that you are ignorant of.” was your abusive response which has proved not helpful for your obviously untenable position! So long amigo!!
Re: Can Adeleke Prevail At The Apex Court? by zoedew: 2:46pm On Jul 05, 2019
Johnnyessence:
I will be in osogbo oga walexydo. Let's keep on praying and fasting on the mandate recovery sir.
You will do well instead to meet today to reflect on your position. One is in the hope that you will advise The Dancing Bear to enrol for and study to write ssce exams and not hire a mercenary to write the exams for him! His political life is founded on falsehood and will crash again and again until he makes his ways right. All his life till today has been spent in truancy and vice. If he had won the APC people were ready to rein him in with a criminal conviction for forgery et al! One is in the hope that The Adelekes will reorientate their offsprings who have so far been brought wrongly as exemplified by the ill-mannered David and his truant Uncle Ademola aka “The Dancing Bear”! Thank God Osun State has been delivered from the evil intents of folks who were hoping the half-educated, truant and directionless Adeleke would be Governor so they can steal Osun State blind after the manner of apc former Gov aregbesola whose abysmal performance in office is on display in the abandoned projects that don the Osun State landscape. Only the deaf are presently dancing to the beat of the ominous silence at The Country Home, Ede
Re: Can Adeleke Prevail At The Apex Court? by zoedew: 2:56pm On Jul 05, 2019
Johnnyessence:
why are you ignorant on my post here. your ignorance is beyond control. continue displaying it here.

Hello johnnyesence, “Findings of fact by the lower court will only be set aside by a superior court where it is perverse! Is the finding of fact by the Court of Appeal on the record of proceedings before the Tribunal Of first instance perverse? That is the question the SC will consider on the alleged absence of Obiora J on the day in question.” was my post before today and it has now been so held by the Supreme Court as expected.
fyi i’m no APC apologist but one given to dispassionate analysis from a legal perspective.

“As if you are the judge that will decide on the case, stop saying trash here as expected from you Apc apologist. supreme court judges will decide on the pdp appeal as tendered to the court which specified the majority judgment of the tribunal court. you never read what CJN that precided on the case said in the hearing on June 17th. sure supreme court will decide on the pdp appeal according to laws backing electoral matters. stop judging on matter that you are ignorant of.” was your abusive response which has proved not helpful for your obviously untenable position! So long amigo!!

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