Jiyke:


Bro, the guy said his opinion not for you to tackle him the way you just did.

And its a consolation!!
Why pushing it back to tribunal?? Since they also have the power to pass a judgment. He knew already that tribunal, didn't give a fair judgement, so he brought it for them(appeal court).... It was a consolation

niaralandtopuser:

The court, in its lead judgement, ruled that the appellants, the APC and Mr Adelabu, were not giving fair hearing by the tribunal.

ejimatic:
. I am yet to understand this judgement. You cannot order a retrial but you can order a fresh election in affected areas.orvdeckare a winner.In the case of Osun winner was declared and it was contested in Supreme court....The appeal court on Oyo case should have taken a decision....The Supreme court will decide it finally.

niaralandtopuser:

The court, in its lead judgement, ruled that the appellants, the APC and Mr Adelabu, were not giving fair hearing by the tribunal.

Venerable612:


Why do you guys have a problem with comprehending this article.

The appeal was found with merit- but No order was given on the prayers. There is no consolation in the matter. Makinde is still the Governor.

In case you do not know - the Appeal Court could easily order for a fresh election. They did not!

Luckysbab:


Stop contradicting yourself man plus you have no right to trash another person's simplistic opinion.

What's the basis for the intended retrial? Is it not to disagree with the judgement of the tribunal, certifying the Governor's emergence?

Venerable612:


Right!

But obviously that was not found to affect the Validity of the Election results - and Makinde still remains Governor.

It doesn’t go to the root of the matter. If the Appeal Court had found the Election itself flawed - they would have declared a fresh election or something.

Johnnyessence:
fake news.

agabusta:


Johnny Johnny, still telling lies??

contigiency:


You are an illiterate. Even when you read, you don't understand. They said that if not for lack of time, they would have asked the tribunal to retry the case again and not to remove makinde.

gudugudumeje:
[s]Anti-open grazing law recently passed in Oyo state - has this as reverberations from Fulani& Hausa controlled FGN and judiciary. This is moreso if the chairman of the Appeal court is Fulani...sic. How toy with fire with Oyo state and Ibadan ..![/s]

niaralandtopuser:

it would have ordered a retrial to give the apc candidate a fair hearing

Venerable612:


It’s a trend on this forum - people will read the post and make very wrong and absurd conclusions - either out of lack of comprehension or malice.

The news article simply says

1. If the 180 days for election petition trial had not elapsed,
2. The court would have ordered a retrial in the lower tribunal.

No where did it mention the removal of Makinde.

I hope it’s clear to you that this is not a poor man’s consolation now?

agabusta:


Johnny Johnny, still telling lies??

kolafolabi:
Preference of the people of Oyo was as clear as day and night, with the clear margin of votes between Governor Makinde (515,621) and Mr Adelabu (357,982).

If that is the case, I still say APC has no case in the Supreme court

garfield1:

That is also my position.they had powers to make a decision based on evidences presented my adelaide.instead they shifted the blame to the tribunal and left the supreme with a large burden

Jiyke:

Bro, I understood the whole thing.
Yes, Makinde is still the Governor, and nobody is disputing that. We are only saying that appeal court judgment was diplomatic....

GeoAfrikana:
The law, as they say, is an arse.

SalemCiti:


The basis for intended retrial is not basically to disagree with the Tribunal's judgement certifying Makinde's election. That was not stated by the Court of Appeal in their judgement as stated above.

The Appellate Court did not actually make any finding invalidating the election that brought in Makinde as Governor. What they established was that APC/Adelabu's evidence tendered at trial were not evaluated by the Tribunal. The Tribunal dismissed Adelabu's evidence as mere documents dumped on the Tribunal. This was found perverse by Court of Appeal and as not giving Adelabu a fair hearing.

Since the Court of Appeal can not by law admit evidence and evaluate them on primary basis, the only resulting decision is to order a retrial mandating the Tribunal to admit and evaluate the evidence. But doing so would have made the Tribunal sit beyond 180 days stipulated by law.

It is not strange for Court of Appeal to order a retrial in an election and so there is nothing confusing here. It happened in the trial between the then Governor Oyinlola and Aregbesola in Osun State. The Court of Appeal ordered a retrial because Aregbesola's Police Report evidence was not admitted by the Tribunal. Retrial was possible then because the Constitution did not stipulate time limit for trial. The matter was retried but Aregbesola lost again at the Tribunal.

The task at the retrial would have been solely to admit and evaluate Adelabu's pieces of evidence, not to invalidate Makinde's election. It is another kettle of fish if the evidence would have been strong and substantial enough to invalidate Makinde's election. That is left for the Tribunal to decide, if retrial had taken place. The evidence can be evaluated and still be inadequate to nullify Mankinde's victory. The Court of Appeal has left this discretion to Tribunal by not finding any thing contrary in INEC's returning Makinde as Governor.