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Can Adeleke Appeal The Tribunal Judgement? - Politics - Nairaland

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Can Adeleke Appeal The Tribunal Judgement? by yemex04(m): 12:16pm On Jan 29, 2023
Since the aftermath of the removal of Adeleke as the Governor of Osun State by the Tribunal, there have been Rumours that Adeleke being the 2nd Respondent in the Petition can not appeal the Judgement, but INEC as the 1st Respondent is the only entity in this case that can Appeal..

To the Lawyers in the house, please enlighten the house on this with relevant laws & judicial references for the sake of Knowledge.

Mode, please push this to the front page.

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Re: Can Adeleke Appeal The Tribunal Judgement? by Porpulace: 12:18pm On Jan 29, 2023
yemex04:
Since the aftermath of the removal of Adeleke as the Governor of Osun State by the Tribunal, there have been Rumours that Adeleke being the 2nd Respondent in the Petition can not appeal the Judgement, but INEC as the 1st Respondent is the only entity in this case that can Appeal..

To the Lawyers in the house, please enlighten the house on this with relevant laws & judicial references for the sake of Knowledge.

Mode, please push this to the front page.

Game over

1 Like

Re: Can Adeleke Appeal The Tribunal Judgement? by Ireportlive: 12:19pm On Jan 29, 2023
Intresting
Re: Can Adeleke Appeal The Tribunal Judgement? by yarimo(m): 12:21pm On Jan 29, 2023
Adeleke should just hand over immediately without wasting tax payers money in any appeal court

1 Like

Re: Can Adeleke Appeal The Tribunal Judgement? by psucc(m): 12:23pm On Jan 29, 2023
So long Adeleke was listed as a respondent in the case, he has every right to appeal judgement.

2. So long as the consequences of the judgement affects him the more, he has right to seek further adjudication.

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Re: Can Adeleke Appeal The Tribunal Judgement? by Lanretoye(m): 12:30pm On Jan 29, 2023
If there were facts and evidence of over voting as established by the tribunal, going to the appellate is just an attempt to extend his stay in office.the constitution should be amended such that he should hand over to an administrator with immediate effect until the appeal court decides.
duro4chang:
But some are saying that the tribunal was wrong and that it was supposed to have called for rerun. What is your opinion?
if under voting was established,the election can be inconclusive like some areas or wards were disenfranchised.mean while the population of voters that couldn't vote should not be less than the margin of the result between the winner and the runner-up. But in this case,the excess of the votes will be deducted and if brings the result closer,there might still be a rerun.after the deduction of the excess votes,the margin is really far apart to the winner will be declared

2 Likes

Re: Can Adeleke Appeal The Tribunal Judgement? by AntonVince: 12:42pm On Jan 29, 2023
Thief.nub.u's cretins hyperventilating over their procured "jankara" judgement that will be thrown out at the Appellate court.
Adeleke SHALL lead Osun State for 8 straight years.

That Tribunal chairman should brace up for a date with the EFCC once a new government comes onboard in May.

Cr1minals who think they can do another "Salami" in Osun State.

2 Likes

Re: Can Adeleke Appeal The Tribunal Judgement? by duro4chang(m): 1:00pm On Jan 29, 2023
Lanretoye:
If there were facts and evidence of over voting as established by the tribunal, going to the appellate is just an attempt to extend his stay in office.the constitution should be amended such that he should hand over to an administrator with immediate effect until the appeal court decides.
But some are saying that the tribunal was wrong and that it was supposed to have called for rerun. What is your opinion?
Re: Can Adeleke Appeal The Tribunal Judgement? by duro4chang(m): 1:14pm On Jan 29, 2023
Lanretoye:
If there were facts and evidence of over voting as established by the tribunal, going to the appellate is just an attempt to extend his stay in office.the constitution should be amended such that he should hand over to an administrator with immediate effect until the appeal court decides.if under voting was established,the election can be inconclusive like some areas or wards were disenfranchised.mean while the population of voters that couldn't vote should not be less than the margin of the result between the winner and the runner-up. But in this case,the excess of the votes will be deducted and if brings the result closer,there might still be a rerun.after the deduction of the excess votes,the margin is really far apart to the winner will be declared
It means no rerun then.
Re: Can Adeleke Appeal The Tribunal Judgement? by Lanretoye(m): 1:28pm On Jan 29, 2023
duro4chang:
It means no rerun then.
no rerun,it's either the appeal court uphold the verdict of the tribunal or favor adeleke.which ever way,they might still head to the Supreme court.
Re: Can Adeleke Appeal The Tribunal Judgement? by quickberry(m): 1:29pm On Jan 29, 2023
Cc garfield1 fergie001 ejimatic
Re: Can Adeleke Appeal The Tribunal Judgement? by fergie001: 1:31pm On Jan 29, 2023
Any of the three defendants can appeal.

INEC, PDP or Adeleke. But Adeleke will definitely take the lead, he is the most affected.
Re: Can Adeleke Appeal The Tribunal Judgement? by Jostoman: 1:32pm On Jan 29, 2023
yarimo:
Adeleke should just hand over immediately without wasting tax payers money in any appeal court
go and collect it from him now. Las las God go shame you and your lagos landlord.

2 Likes

Re: Can Adeleke Appeal The Tribunal Judgement? by garfield1: 1:32pm On Jan 29, 2023
quickberry:
Cc garfield1 fergie001 ejimatic

Hmmm
Re: Can Adeleke Appeal The Tribunal Judgement? by BSdetective: 1:40pm On Jan 29, 2023
He can appeal but what's clear is that he won't win it. If it's any consolation at least he was governor for 62 days.
Re: Can Adeleke Appeal The Tribunal Judgement? by ejimatic: 2:23pm On Jan 29, 2023
quickberry:
Cc garfield1 fergie001 ejimatic
. Yes he
can appeal .It is his right to do so. However the basis for the appeal is just an academic exercise. PDP will appeal too.I doubt it if INEC will appeal. It was INEC that poorly handled Osun election and the decision to declare Oyetola as the winner is not known to many uneducated Osun voters!

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Re: Can Adeleke Appeal The Tribunal Judgement? by fergie001: 2:31pm On Jan 29, 2023
ejimatic:
. Yes he
can appeal .It is his right to do so. However the basis for the appeal is just an academic exercise. PDP will appeal too.I doubt it if INEC will appeal. It was INEC that poorly handled Osun election and the decision to declare Oyetola as the winner is not known to many uneducated Osun voters!
They all will appeal but this your bolded is very funny.
Re: Can Adeleke Appeal The Tribunal Judgement? by press9jatv: 2:34pm On Jan 29, 2023
yemex04:
Since the aftermath of the removal of Adeleke as the Governor of Osun State by the Tribunal, there have been Rumours that Adeleke being the 2nd Respondent in the Petition can not appeal the Judgement, but INEC as the 1st Respondent is the only entity in this case that can Appeal..

To the Lawyers in the house, please enlighten the house on this with relevant laws & judicial references for the sake of Knowledge.

Mode, please push this to the front page.
Adeleke will appeal his case, Infact he’s preparing his lawyers to do that. Also Inec and Pdp will appeal the black market judgement from the tribunal last Friday

2 Likes

Re: Can Adeleke Appeal The Tribunal Judgement? by ejimatic: 3:34pm On Jan 29, 2023
fergie001:

They all will appeal but this your bolded is very funny.
. I am wondering the ground for appeal Adeleke will use in court. APC will appeal the minority judgement too.
Re: Can Adeleke Appeal The Tribunal Judgement? by ejimatic: 5:23pm On Jan 29, 2023
fergie001:

They all will appeal but this your bolded is very funny.
. I am very convinced that it will be a waste of time for PDP and Adeleke. Will the ACreject CTC of the election results and BVAS reports generated immidiately the election was over and accept results and BVAS reports doctored, tampered with and generated many weeks after the elections? Will Anaba INEC lawyer say now that his written submission does not entail his acknowledgement that there were even irregularities and overvoting in 1539 polling units in the Osun Election? Will the AC court say section 54 of the electioral law does not apply again? Will AC court say Section 24 of the electoral laws which says only BVAS not Voter Register is needed to prove overvoting is not applicable again? The minority judgement will be set aside and the majority judgement will be sustained at the AC .

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Re: Can Adeleke Appeal The Tribunal Judgement? by ejimatic: 5:47pm On Jan 29, 2023
duro4chang:
It means no rerun then.
. Section 54 of the electoral laws does not give room for any rerun if there is a case of overvoting.All the resukts must be cancelled .The results left will determine the winner. How do you determine overvoting? Section. 24 says BVAS reports should be used not Voters register.If population of voters on EC8 does not tally with popoluatio.on BVAS report there is an overvoting ,then all the results must be cancelled.
Re: Can Adeleke Appeal The Tribunal Judgement? by duro4chang(m): 5:54pm On Jan 29, 2023
ejimatic:
. Section 54 of the electoral laws does not give room for any rerun if there is a case of overvoting.All the resukts must be cancelled .The results left will determine the winner. How do you determine overvoting? Section. 24 says BVAS reports should be used not Voters register.If population of voters on EC8 does not tally with popoluatio.on BVAS report there is an overvoting ,then all the results must be cancelled.
Na wa oo. But we have some analysts and lawyers saying another thing entirely. They are just emotional.
Re: Can Adeleke Appeal The Tribunal Judgement? by fergie001: 6:04pm On Jan 29, 2023
ejimatic:
. I am very convinced that it will be a waste of time for PDP and Adeleke. Will the ACreject CTC of the election results and BVAS reports generated immidiately the election was over and accept results and BVAS reports doctored, tampered with and generated many weeks after the elections? Will Anaba INEC lawyer say now that his written submission does not entail his acknowledgement that there were even irregularities and overvoting in 1539 polling units in the Osun Election? Will the AC court say section 54 of the electioral law does not apply again? Will AC court say Section 24 of the electoral laws which says only BVAS not Voter Register is needed to prove overvoting is not applicable again? The minority judgement will be set aside and the majority judgement will be sustained at the AC .
Let me puncture a few things.

The Third Schedule of the 1999 CFRN empowers INEC to issue guidelines for the election. The SC has affirmed that yes INEC do have that right provided it doesn't controvert the Electoral Act itself. There is a reason you use voter's register for accreditation so INEC needs a system that is foolproof, that's why INEC is using both for the election. I do admit that the Electoral Act places pre-eminence on the Technological Device but doesn't throw away the voters register. (Look at INEC's guidelines in the screenshot below)

What is over-voting? This is when the number of votes exceeds the no of persons accredited to vote.

Like I told you in Okereke v Umahi, Peterside v Wike & Oti v Ikpeazu; at the time the Electoral Act was for voter's register whilst the INEC guidelines was for SCRs. The SC supported the SCRs but said anything you are doing without the Voters Register is null.

In same likewise manner, Voter's Register has not been killed. In the new EA 2022, the SCR is now on the Act whilst Voters Register is now in the guidelines.

It is best to know that your accreditation on Feb 25 will be with both BVAS and Voters Register. (since this has been established)


I will attack others later
Re: Can Adeleke Appeal The Tribunal Judgement? by ejimatic: 6:15pm On Jan 29, 2023
fergie001:

Let me puncture a few things.

The Third Schedule of the 1999 CFRN empowers INEC to issue guidelines for the election. The SC has affirmed that yes INEC do have that right provided it doesn't controvert the Electoral Act itself. There is a reason you use voter's register for accreditation so INEC needs a system that is foolproof, that's why INEC is using both for the election. I do admit that the Electoral Act places pre-eminence on the Technological Device but doesn't throw away the voters register. (Look at INEC's guidelines in the screenshot below)

What is over-voting? This is when the number of votes exceeds the no of persons accredited to vote.

Like I told you in Okereke v Umahi, Peterside v Wike & Oti v Ikpeazu; at the time the Electoral Act was for voter's register whilst the INEC guidelines was for SCRs. The SC supported the SCRs but said anything you are doing without the Voters Register is null.

In same likewise manner, Voter's Register has not been killed. In the new EA 2022, the SCR is now on the Act whilst Voters Register is now in the guidelines.

It is best to know that your accreditation on Feb 25 will be with both BVAS and Voters Register. (since this has been established)


I will attack others later
. In my opinion BVAS is a back up and a checkmate on accreditation. If Voters registered is tampered with , BVAS reports will reveal it.No wonder the electoral laws place emphasis on the confirmation of accreditation through BVAS but I agree that this does not rule out if the use of Voters register completely at the poling units.So in case of accreditation issue BVAS reports suffice without deception or manipulation of record
Re: Can Adeleke Appeal The Tribunal Judgement? by ejimatic: 6:43pm On Jan 29, 2023
duro4chang:
Na wa oo. But we have some analysts and lawyers saying another thing entirely. They are just emotional.
The INEC reserves the right to cancel results and return the winner.

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