Governor Ademola Adeleke, PDP, INEC Defends July 16 2022 Governorship Election Victory, As Apc Wobbles At Appeal Court

***Tribunal Bound By Applicable Judicial Decisions - Appeal Panel Chairman

*** Appeal Court Reserves Judgement On All Grounds Of Appeal

The appeal court sitting holden in Abuja on Monday reserved judgement on the three grounds of appeal by Governor Ademola Jackson Nurudeen Adeleke, The Peoples Democratic Party and the Independent National Electoral Commission, INEC on the propriety of the split judgement delivered by the election petition tribunal in Osogbo, the Osun State capital on January 26,2023.

Dr Onyechi Ikpeazu (SAN), Alex Iziyon (SAN), and Professor Paul Anababa (SAN) representing Governor Ademola Adeleke, the PDP and INEC respectively contended that the lower tribunal erred in law to have overlooked weight of evidence placed before it, in line with provisions of the electoral act 2022 as ammended.

The trio, leading other eminent lawyers told the court that it was a fatal error for the magistrate member of the lower tribunal, Mrs Basiru Rabi, to have assumed that appending her signature alone to the judgment delivered by the tribunal chairman without proclaiming her judgement in the open court should render the tribunal judgment invalid.

According to the learned silks, where and whenever judges sit in panel on crucial decision as in the case of election petition, the interpretation of the law by the supreme court should be followed to the effect that signature appended on the judgment without her opinion in the open court in effect is to nullify the judgment she co-signed.

On the allegation of forgery of testimonial certificate of Governor Ademola Adeleke, Dr Ikpeazu particularly drew attention of the panel to the fact as to whether the tribunal decision a fatality of the tribunal judgment after ignoring a subsisting decision by the appellate court on the alleged forged document which had been effectively laid all issues on the matter to rest by without any known appeal. The lower court shouldn't have even considered such ground of the petition at all as it amounted to judicial affront on the powers of a superior court of competent jurisdiction.

Matters got to a head when the appeal panel chairman, honorable justice Shuaib Mohammed posed a question to Apc Counsel, Lateef Fagbemi, as to whether a court of law is not duty bound to take judicial notice, all decisions applicable to a case under consideration. The court as a matter of fact, according to the chairman, does not need to avail the court any copy of the judgment so far appropriate authority of the judgment was cited in court.

On the BVAS machine, the Apc founded their petition on an election conducted at the polling units but failed to tender materials used at the poling units which include the BVAS machine, form Ec8A, and voter register used at the said polling units. The PDP counsels wondered how it was convenient for the lower tribunal to have bypassed these fundamental pieces of evidence in the July 16 2022 election before arriving at their decision.

The findings on the primary BVAS machine used for the election only showed infraction of over-voting in just 6 polling units with a paltry differentials of a little over a thousand votes. But surprisingly, the lower court failed to look at the evidence as placed before it even after the inspection carried out on the BVAS used at the affected polling units and the report generated therein were products of the order of the same panel.

On the backend server report and certification. The appellant counsels asked the court to invalidate the admitted documents which emanated from it as the process of statutory payment for certification for report obtained by Apc from Inec was inappropriate and should render the document invalid. The receipt showing payment for the document so obtained should have a proven nexus between it and the date the document was certified.

The caretaker committee chairman of the PDP in Osun State, Dr Akindele Adekunle led other PDP leaders to the appeal court sitting.

Court proceeding has ended. To God be the glory. Judgement date to be communicated later. Imole has come to stay and nothing shall steal people's mandate. Congratulations in advance to Governor Ademola Adeleke.

Osun state APC urchins ought to have realised that the Osun state citizens are solely behind Governor Ademola Adeleke mandate

Alleged Forged WAEC Certificate and Testimonial of Ede Muslim High or Grammar School:
SENATOR ADEMOLA ADELEKE v. MR. WAHAB ADEKUNLE RAHEEM & ORS (2019)LCN/13393(CA). Go and search for the Law Report and read it very well and come and thank me later.
It's Judgement of Court of Appeal as per Agim Emmanuel, JCA, the Judgement subsists as it terminated at the Court of Appeal. It's Judgement in Rem. Don't be lazy Osun APC Social Media Bandits, e lo farabale ka daada.

On Allege Certificate forgery

THE LEAD JUDGE JUST ASKED OLUJIMI, IF THE JUDGEMENT OF APPEAL COURT IN 2019 IS NOT SUFFICIENT TO QUALIFY THE RESPONDENT?

Appeal court panel made the respondents counsel to read section 51 of the Electoral Act 2022, and especially subsection (3) as regards making return of an election when the margin of winning after deduction of votes is lower than accreditation figures.

#OsunElectionAppeal2023

Appeal Chairman: My final question:

Is this BVAS report the only way and means of transmitting result from ward, local government and state?

Prince Fagbemi: *stutters****

Chairman: Let me tell you, I have been a presiding officer before, at whatever level there are other ways of determining that?

Prince Fagbemi: ***stutters*** again

Prince Fagbemi: if the result is not ready, what did INEC used to declare the winner


Appeal Chairman: It is after the announcement of result that the issue of transmission occurred depending on the nature of the network, is that correct?

Prince Fagbemi: Yes, my lord.

Our incomimg president Peter obi.. please you and Ur lawyers should watch de Osun debacle closely at the Court Appeal..it will be handy in equipping them as they match to reclaim his mandate from certificate of return snatchchers

Paul Ananaba: We told the tribunal that even if we want to use the evidence BVR presented by the respondents, we will discover ‘false’ over-voting in 1750 polling units, what the Tribunal did was to remove 749 units which affected PDP and ignore the 1001 units which affected APC.

Paul Ananaba: The CTC of the BVAS report from the backend server issued to the petitioner was found out to be incomplete due to incomplete transmission of data, INEC brought the physical machine used for the election to the tribunal and the report stands unchallenged by the then petitioner.

Appeal Chairman: What is being transmitted to the backend server and by whom:

Prince Fagbemi: The presiding officer transmits accredited data and election results after declaration of result

Prince Fagbemi: if the result is not ready, what did INEC used to declare the winner


Appeal Chairman: It is after the announcement of result that the issue of transmission occurred depending on the nature of the network, is that correct?

Prince Fagbemi: Yes, my lord.

At the Court of Appeal in Abuja:
Each of the Respondents at Election Petition Tribunal filed SEPARATE Appeal and that's position of Law;
First Case: Adeleke Vs INEC, PDP, Oyetola and APC. Judgement Reserved!
Second Case: PDP Vs Adeleke, INEC , PDP, Oyetola and APC. Judgement Reserved!
3rd Case: INEC Vs Adeleke, PDP, Oyetola and APC. The Appeal is currently being heard and Judgement will also be reserved.
My take: If you are the ones that still believe the propaganda/lies which Osun APC Social Media Bandits are brandishing around on their Facebook Pages that INEC didn't file brief of Appeal, I think Mùmú is your second name.

Why Osun APC packed all their party leaders to Appeal court in Abuja.

The Apc Vuvuzelas are so dazed they dont know what else to say again.

Having been rejected overwhelmingly by the people at home in Osun State, most of their leaders consequently found the appeal sitting in Abuja as an escape rout and avenue to breath a sigh of relief from the heat of rejection staring them in the face at home.

One wonders, how sensible it sounds at the peak of electioneering towards the coming election, the reasonability or suitability of moving all the party leaders who should be canvassing for vote from the good people of Osun State, to Abuja for an election case.

But becaue the Apc stalwarts have become desolate and political vagabonds among the electorate in the state, they have to run to Abuja in disguise of solidarity in an election case. No wonder they lost woefully at the just concluded National Assembly elections held in Osun State.

In a sane society and for a political party that knows its onions at this period, confident leaders should be in the midst of their people campaining on what to do with the coming state assembly election. This is exactly what the state governor, Senator Ademola Jackson Nurudeen Adeleke is doing alongside several of PDP leaders in the state and that is why PDP will win again massively in the March 18 rescheduled poll.

To assist the sheep without shepherd Apc minnows in Osun State, the state Caretaker Committee Chairman of the party, Dr Akindele Adekunle was in court. The Senator-elect of Osun Central Senatorial District, Ajagunla Olubiyi Fadeyi was in court. Former Attorney-General and commissioner for Justice, Barrister Niyi Owolade was in court. Barrister Kamarudeen Ajisafe was in court, amongst some other leaders of the party, who were in court, either based on their proximity to the court on the day of the sitting or specific professional involvement in the case at hand.

In essence, PDP leaders are not docile and grossly rejected idle men like the Apc men of yesterday, who would be looking for every avenue as safe nest to hide their shamed faces from the people. We are at home with our people and will always find it more comfortable to be in their midst other than expending calories on a matter already assigned to professionals who are in the best stead to handle such matter.

Oyetola & APC embarrassed as counsel filed error-laden brief of arguments, making corrections of his brief in open court.

#OsunElectionAppeal2023

Appeal Court : PDP Leaders Storm Court Premises for Adeleke

Top leaders and supporters of the Peoples Democratic Party (PDP) today stormed the Court of Appeal in Abuja in solidarity with Governor Ademola Adeleke even as the Governor's legal team numbering over 15 were at the court early this morning.

The Acting State Chairman of the PDP, Dr Adekunle Akindele who led the party leadership was accompanied by members of the State Working Committee, the Abuja leadership of Imole Movement and a 15 man delegation from across Osun three senatorial districts.

The party also has in attendance strong representation of the Governor's Media team led by the Senior Special Assistant to the Governor and more than 20 local and international friends of the Governor from outside the country.

Speaking at the Court premises , Dr Akindele said the Governor's team has implicit faith in the integrity of the judiciary to protect the will of Osun People, noting that " the performing Governor and the PDP has a strong and convincing case before the Appeal Court.

" We are here from all over Osun state and beyond for the court process. As you can see , PDP and the Governor are well represented. This event is a legal gathering. But you can see the top leaders of our party all around here.

" We have faith in the judiciary. We have a strong conviction that justice will be done. The State Governor enjoys overwhelming support from the people of Osun state and the party leadership. As a performing Governor, he is making PDP proud", the party chairman concluded.

The court proceeding is ongoing in Abuja.

*DONT BE SCARED OF APC FALSEHOOD AREST TREATING*
Good morning my people in Ife East local and in other parts of our dear state , please I want to imploring all members to stay calm . The issues of arresting is just a mare treat by apc , we should not be carried away by their falsehood .

Let's us be focus on our winning project which is 26:0 come this Saturday 18th of March. All our leaders across the state have taken a needful steps to stop such acts let us go back to the field to complete our house to house campaign for all our candidates.

the so called apc don't know what next for them to do, they only wanted to use that treats to scare our people away .

We should all remember that , our Target and task before us is 26:0 which we must undertaking by the grace of God.

Let us not forget our general meeting today at our usual venue by 4pm as crucial and developmental matters will be discussed

Singed
Hon Olasunkanmi Makinde Benco