Osun gov'ship election: Supreme Court hears Adeleke, Oyetola case today

The apex court will today hear appeal filed by former governor Oyetola, candidate of APC, against the victory of the people's governor, Senator Ademola Adeleke.

Recall, an Appeal Court panel led by Justice Mohammed Shaibu on March 24, overruled Justice Tertse Kume-led tribubal panel.

The matter has been listed for adoption of final written addresses by the parties today.

Meanwhile, on our (Adeleke/PDP) part, we are cross-appealing the decision of the Court of Appeal aligning the Certified True Copy. The legitimacy of the exhibit BVR relied upon by the APC, that the date on the certified true copy, post-date the date on the receipt.

We are also cross-appealing on the issue of the co-authorship of the judgement, the validity of the tribunal judgement.

People of Osun have made their statement via their thumps, that Adeleke is their governor, we so much believe in our judiciary and it officers that justice will be served.

Imole de Okunkun Parada ni gbogbo ipinle Osun
may the lord answer our prayers 🙏🙏🙏🙏🤲🤲🤲🤲🤲🎊🎊🎊🎊🎉🎉🎉🎉💡💡💡💡💡🏆🏆🏆🏆🏆

By the Special Grace of Almighty God, Governor Ademola Adeleke will be magnanimous in victories in the Supreme Court of justice. Meanwhile, "The great roles women play in societies as wives, mothers, role models, home builders and stabilizers can never be qualified, hence the need to accord them respect and support the their needs to excel in their fields of endeavours". ~ Wife of the Governor, Erelu Ngozi Adeleke

"Gone are the days when the believe that the education of the girl child will always end up in the kitchen" ~ Wife of the Governor, Erelu Ngozi Adeleke.


https://www.youtube.com/watch?v=h_Tvczrl0Lg

In his name

Dirty post

ADELEKE V OYETOLA & ORS (APPEAL COURT JUDGEMENT ON TRIBUNAL'S WRONG EVALUATION OF EVIDENCE)
"I think that it may be pertinent to mention here that the Petitioners who are challenging the correctness of the results of the election in 749 polling units which cut across 10 Local Government Areas have the onus of proving the incorrection, more so as the election results as published by the appellant (INEC) enjoy a presumption of official regularity under Section 168 (1) of the Evidence Act, 2011. See the authorities of Fidelity Bank Plc. Vs. The M.T. "Tabora" (2018) 12 NWLR Pt. 1632, pg. 135 at 148; and Nwobodo vs. Onoh (1984) AIl NLR, 1, 2 where the Supreme Court held as follows: *I think at this stage, I may say that l accept the submission of Chief Williams that there is in law rebuttable presumption that the result of any election declared by FEDECO is correct and authentic and the onus is on the person who denies its correctness and authenticity to rebut that presumption. In my view where such denial is based on allegation of crimes against FEDECO officials for the declarations of the results, the rebuttal must be proved beyond reasonable doubt.*"– Cordelia Ifeoma Jombo-Ofo, JCA.
ADELEKE V OYETOLA & ORS (APPEAL COURT JUDGEMENT ON TRIBUNAL'S WRONG EVALUATION OF EVIDENCE)
"In the event of the aforementioned authorities, it is clear that the burden is on the Petitioners who are contesting the lawfulness or otherwise of the votes cast in the election to support their contention with credible and cogent evidence by way of tendering in evidence the Voters Register, the forms EC8A series, and even the BVAS machine used for accreditation and in transmitting the results from the respective polling units. In Alhaji Atiku Abbubakar, GCON vs. Alhaji Umaru Musa Yaradua (2008) 19 NWLR Pt. 1120, pg. 1 at 173, para. E-G per Niki Tobi, JSC., (of blessed memory) who said: *A Petitioner who contests the legality or lawfulness of votes cast in an election and subsequent result must tender in evidence all the necessary documents used at the election.*"– Cordelia Ifeoma Jombo-Ofo, JCA.
ADELEKE V OYETOLA & ORS (APPEAL COURT JUDGEMENT ON TRIBUNAL'S WRONG EVALUATION OF EVIDENCE)
"Again the Petitioners must lead evidence to show that the perceived illegality or unlawfulness substantially affected the result of the election. It is trite that in the contestation of lawful or unlawful votes cast in an election it behoves the Petitioner to compare and contrast figures. The record or tabulation of the registered voters, the total number of votes cast and the votes scored by each candidate all become a prerequisite in establishing the complaint."– Cordelia Ifeoma Jombo-Ofo, JCA.
ADELEKE V OYETOLA & ORS (APPEAL COURT JUDGEMENT ON TRIBUNAL'S FAILURE TO ABIDE BY COGENT AND RELIABLE EVIDENCE)
"In essence, it is incumbent on the 1st and 2nd respondents (petitioners at the Tribunal) who alleged that the 3rd respondent did not score majority of the lawful votes cast at the election to ab initio plead facts leading to a vitiation of the votes, and then lead credible and cogent evidence (both oral and documentary) to support their claim. I am inclined to agree and I so agree with the submission of the appellant that the Petitioners indeed failed in the discharge of this burden placed on them by law."– Cordelia Ifeoma Jombo-Ofo, JCA.
ADELEKE V OYETOLA & ORS (APPEAL COURT JUDGEMENT ON TRIBUNAL'S FAILURE TO ABIDE BY COGENT AND RELIABLE EVIDENCE)
"Perhaps I need add here that the absence of any of the Petitioners' Polling Agents, numbering over 3,763 of them who kept watch at the respective polling units, both disputed and undisputed ones, none of them was invited to testify before the Tribunal. This omission is indeed a big minus in the case of the Petitioners for in election litigation, the evidence of the polling agents is very material in establishing what happened at the respective poling units. Thus, in Buhari vs. INEC (2008) 9 NWLR Pt. 1120, pg. 246 at 424, per Niki Tobi, JSC., (of blessed memory) had this to say regarding the importance of polling agents: *An agent is the representative of the candidate in the polling stations. He sees all the activities. He hears every talk in the station. He also sees all actions and inactions in the station.*"– Cordelia Ifeoma Jombo-Ofo, JCA.
ADELEKE V OYETOLA & ORS (APPEAL COURT JUDGEMENT ON TRIBUNAL'S FAILURE TO ABIDE BY COGENT AND RELIABLE EVIDENCE)
"Any evidence given by a person who was not present at the polling units or polling booth like the appellant is certainly hearsay. And here, I so regard paragraph 16 of the witness statement or deposition of the appellant. After all, he was not there. He was given the information by the agents. The million. naira question is why did these agents not make statement as witnesses? In my view, agents are in the most vantage point to give evidence of wrong doing in a poling unit or polling booth. Can the appellant say in reality that he proved his case without calling any agent?*"– Cordelia Ifeoma Jombo-Ofo, JCA.
ADELEKE V OYETOLA & ORS (APPEAL COURT JUDGEMENT ON TRIBUNAL'S FAILURE IN HOLDING THE PRINCIPLE OF PROVING ALLEGATION BEYOND DOUBT)
"See also Agballah vs. Chime (20o09) 1 NWLR Pt. 1122, pg. 373, where the Court saw the failure of the appellant therein to call the party agents that represented and served as his representatives at the various polling units to give evidence as fatal to the petition. Indeed, the innovation introduced by the provisions of section 137 of the Electoral Act, 2022 does not relieve the Petitioner from calling in the evidence of Polling Units agent in proof of the allegation of the 3rd respondent herein not scoring majority of the lawful votes cast at the Osun State Governorship election conducted 16th July, 2022."– Cordelia Ifeoma Jombo-Ofo, JCA.
ADELEKE V OYETOLA & ORS (APPEAL COURT JUDGEMENT ON TRIBUNAL'S FAILURE IN HOLDING THE PRINCIPLE OF PROVING ALLEGATION BEYOND DOUBT)
"Since the Petitioners have failed to prove that the 3rd respondent did not score majority of lawful votes cast at the election, there is thus no corresponding duty on the Respondents to lead further evidence in line with section 133 (2) of the Evidence Act (supra) to the effect that the 2nd and 3rd Respondents were duly elected by majority of lawful votes cast at the said election. I place reliance on Funtua vs. Tijani (2011) 7 NWLRPE 1245, pg. 130 at 146 where it was held thus: *Be that as it may, and in any case, where a Petitioner fails to place before the Court or Tribunal cogent and reliable evidence in support of his case, the respondent will be relieved of any burden to call evidence to put on their own side of the scale as there is nothing left on the other side of the scale in terms of credible evidence in favour of the appellant. See Bella vs. Aruwa (1999) 8 NWLR Pt. 615, pg. 454.*"– Cordelia Ifeoma Jombo-Ofo, JCA.
ADELEKE V OYETOLA & ORS (APPEAL COURT JUDGEMENT ON TRIBUNAL'S FAILURE IN HOLDING THE PRINCIPLE OF PROVING ALLEGATION BEYOND DOUBT)
"On the whole the issue of whether the Tribunal was right in its holding that the 3rd Respondent was not elected by majority of lawful votes cast at the Osun State Governorship election held on 16th July, 2022 is answered in the negative. In other words, the learned Tribunal was wrong in its holding that the 3rd respondent was not elected by majority of lawful votes cast at the Osun State Governorship election conducted on 16th July, 2022. This issue is hereby resolved in favour of the appellant and against the respondents."– Cordelia Ifeoma Jombo-Ofo, JCA

Even the supreme court of Justice don't execute justice.😏

Supreme Court: Osun APC is Hallucinating under Depression – Osun PDP

● Says ” We have Strong Faith in the Judiciary”

Osun state chapter of the Peoples Democratic Party(PDP) has attributed recent lies and falsehood spewing from the state APC as a consequence of extreme hallucinations arising from advanced stage of depression within the APC leadership.

In his first press statement as a brand new substantive State chairman of the PDP, Hon Sunday Bisi recalled recent multiple twisting of facts by the state APC and called on the opposition party to, for once, act responsibly and honestly by stopping its chronic deceitful ways which accounted for its defeat in recent several elections in Osun state.

” It is laughable for anybody to accuse PDP of planning to mobilise thugs to the Supreme Court. Do these people know where the Supreme Court is located at all? Even if you want to lie, why won’t you be smart enough?

“The other time the APC alleged killings of its members. But in reality and as documented, many PDP members were in fact, the victims of deadly attacks by the APC sponsored political thugs. On a daily basis, the APC went on air to distort the reality of great dividends of democracy our people are enjoying.

“Unknown to the opposition,our people are smarter as they never believe the fake news arising from sore election losers. Osun people are happy with Governor Ademola Adeleke and the PDP. Locally and internationally, Governor Adeleke is well loved by the people.

“Politically, the Governor has led PDP to massive victory in all recent state and federal elections. So apart from winning the governorship poll massively on July 16, 2022, the PDP has won overwhelmingly. So we have nothing to be afraid of at the Supreme Court. The Lord justices know the facts and figures of the Osun case.

“As per governance, the PDP government is delivering well on our electoral promises. A drive around Osun convinces even the worst of critics that Governor Adeleke is responding to wishes and aspirations of Osun people. A performing Governor and party is not having sleepless nights over the case at the Apex court because the law and the people are on our side.

“On the other side is the state APC that failed in all recent elections and is still hallucinating about subverting the will of the people. Dazed and paralyzed by Governor Adeleke’s impressive records, the state APC is in deep depression and is busy manufacturing falsehood which originally accounted for its rejection by the people.

” The PDP affirms its faith in the integrity of the apex Court. We have an unshaken belief that the Lord justices will reaffirm the fool proof judgement of the Court of Appeal. Osun people, Governor Adeleke and the PDP will laugh last and give all praises to our God of justice”, the statement concluded.

https://sahelstandard.com/index.php/2023/05/04/supreme-court-osun-apc-is-hallucinating-under-depression-osun-pdp/

Make this Oyetola rest na.. which kind post be this?

Somersaults at the temple of justice

THE recent judgment of the appellate court on the Osun State gubernatorial election has further exposes the trends of somersaults at the temple of justice in Nigeria and buttresses the need for a reformed judiciary in order to accelerate the quest for sanity in the country’s democratisation. In a unanimous decision of Justice Mohammed Lawal led panel, the Court of Appeal at the FCT, Abuja, on March 24, had validated the mandate of Governor Ademola Adeleke of the Peoples Democratic Party (PDP) as the winner of the gubernatorial election conducted on July 16, 2022, and awarded a fine of N500, 000 to the former governor of the state, Mr. Gboyega Oyetola and his party, APC. Though this is not the final stage in seeking for justice in a legal battle based on the 1999 Constitution of Federal Republic of Nigeria, the reversal of the earlier judgment delivered by the Osun State Election Petition Tribunal on the matter shows that “judicial somersault” had occurred at the tribunal. This became obvious with the “political tsunami” that swept the state few weeks after the judgement.

For instance, on March 18, it took APC, the party to which Governor Oyetola belongs, an extraordinary effort to secure a constituency out of the 26 State Constituencies at the State House of Assembly Election despite the fact that it currently occupying 23 seats at the assembly. The same thing occured on February 25 when the party lost all the three senatorial districts and the federal constituencies in the State to the PDP. Although the introduction of BVAS machine to the 2023 general election seems to suggest that the voting pattern of the people is gradually shifting towards personality rather than party, a logical examination of the manifestation of the victory of the candidates that contested on the platform of the PDP shows that the people voted for them to preserve the mandate given to Governor Adeleke and send a clear message to the judiciary on the need to correct the judicial somersault made at the Tribunal. Prior to this period, the judiciary had displayed similar somersault in the 2019 Imo State gubernatorial election when senator Hope Uzodima, who secured fourth position based on the results declared by the INEC, was elevated by the Supreme Court and declared the winner of the election in a manner that made many people to conclude that there seems to be a “special magic box” specially designed for the judiciary to assist candidates who failed to get the validation of the people at the polling units in the court of law. Similar somersault seems to have happened on 6th February, 2023, when the supreme court declared the Senate president, Ahmed Lawal, as the winner of the primary election he never participated in. Though his party, APC, claimed that a primary election was conducted less than 48 hours after he lost at the presidential primary election to Asiwaju Bola Ahmed Tinubu, on June 6, the time the party sent the notice of the second primary election to the INEC without the official resignation of the winner of the first primary election, Bashir Machina, is still a question begging for answer. However, this judicial somersault is not limited to President Mohammed Buhari’s administration.

In 2014, Nigerians at home and abroad were embarrassed when a former governor of Delta State between 1999 – 2007, was arrested by the Metropolitan Police and repatriated to the United Kingdom where he was sentenced to 13 years imprisonment by Judge Anthony Pitils of South Wart Crown Court in London on the same 170 charges for which he had been discharged and acquitted in Nigeria by Justice Marcel Awokulehin, at Asaba High Court on 17th December, 2009. The same was made manifested in the case of John Yakubu, a former assistant director in the federal civil service, when justice Talba Abubakar of the Federal High Court at Abuja, FCT, sentenced him to two years imprisonment with a fine of 750, 000 for his involvement in a N32.8 billion naira police pension scam in 2012. More explicable is the election process that brought the late President Musa Yar’Adua to power in 2007. In fact, despite his acknowledgement of flaws in the election, the Supreme Court justices that were constituted to look into the matter, including the then Chief Justice of Nigeria, never saw any wrong in the result.

This culture of justice for sale seems to find its place in the Sokoto Governorship election petition that almost pitched the president of the court of appeal, (PCA), Justice Ayo Salami against the then CJN, Justice Kastina Ali, when the Appeal Court refused to handle the appeal filed by the opposition against the tribunal judgment delivered in favour of Nyako till the Chief Justice intervened and directed the Appeal Court to do its work four days to the deadline. Though most of these somersaults seem to be largely made on election matters, their impact is well felt across all stratas of the country. This situation accounts for the acceleration in the report of cases of self-help, communal clashes, economic stagnancy, unprecedented swelling in the country’s debt profile, uncontrollable unemployment rate, infrastructure decadence, suspicious attitude towards the judiciary and enabling atmosphere for crisis/protest of different forms. For instance, it took the help of different stakeholders in Osun State and beyond to quell the protest that erupted days after the majority judgment of the Osun State Election Petition Tribunal nullified the victory of Governor Adeleke and declared Governor Oyetola as the winner of the election. Apart from those that lost their lives as a result of the intense atmosphere occasioned by the judgment, it also buttresses the claim that a corrupt judicial officer can pull back the wheel of the society and return it to Thomas Hobbes’ state of nature where life was brutish, nasty and short.

Therefore, with the introduction of BVAS machines to the electoral process, there is a need for urgent reform that will guarantee the independence of the judiciary, improve the welfare of judicial officers, create enabling environment for the training and retraining of judges/justices, fasttrack the renovation of court rooms across the country, and increase the penalty for judicial officers caught in unethical conduct, so that election fraud can be curtailed in Nigeria.

Oluwasanmi writes in from Ibafo, Ogun State.

https://tribuneonlineng.com/somersaults-at-the-temple-of-justice/

The validation from Osun

As my piece, “Ademola Adeleke and the Osun mandate thieves” hit town, I received a reaction via Whatsapp questioning my integrity. The writer, a legal practitioner, wanted to know why I was deceiving the people. I found the accusation so strange and so upsetting that I immediately left the venue of the wedding party where I was and headed home, a decision also partly informed by the news that violence had broken out in town among political thugs. Ahead of the said piece, I had been amazed at the level of duplicity and mendacity displayed by political usurpers and certain legal juggernauts over a matter that was as plain as the sun. Indeed, I could not believe my ears when I heard senior advocates declare, without batting an eyelid, that the Buga judgment delivered by Judge Tertsea Kume was well reasoned and would be hard to upturn!

Of course, my submission was not born out of animosity towards Gboyega Oyetola who, like Ademola Adeleke, I have never met. It was triggered by the short shrift given to the Osun voters. I was looking at the terrible state of affairs foisted by the daylight robbery of Imo State people through a sham verdict that catapulted a loser from fourth position to number one. Since the imposition of Senator Hope Uzodinma on Imo people, the state has become an abattoir, a lawless jungle where merchants of blood trade tackles. I did not want such a situation replicated in Osun.

Although not a lawyer but a ‘mere’ forensic linguist, I had been outraged by the level of crudity and depravity in the said judgment which went after Adeleke’s person, reviving issues already decided by a superior court and referencing an intellectually vacuous song. It was while reading INEC’s objections to the judgment that I discovered that the excited judge had not only outlawed Adeleke’s presumed predilection to “Buga won” (wow/intimidate them) as Osun State governor but had in fact also made the Buga symbol in open court! As it turned out, the Court of Appeal completely validated the core of my submissions, deeming the use of Buga objectionable. A three-member panel of the court led by Mohammed Shuaibu unanimously overturned the Buga judgment, submitting that the tribunal was wrong to have reached the conclusion that there was over-voting during the July 16, 2022 elections, as the petitioners had failed to prove their allegation.

The court dismissed the testimonies of the petitioners’ witnesses as lacking probative value, saying that they “did not tender the voter registers and Bimodal Voters Accreditation System (BVAS) machines, which captured the data of eligible voters during the election in dispute. Its grouse was that they alleged that the results recorded and transmitted directly from the polling units were not taken into account and that therefore the accredited voters recorded in Form EC8A from the disputed polling units did not tally with the number of BVAS for the same polling units. Strangely, however, the tribunal only relied on the table set out in an address by their counsel to hold that over-voting occurred in the election!

In other words, it assumed the position of spokesman for the petitioners, preferring their ‘evidence’ (sourced from INEC) over that of the defendants, which was also sourced from the same body. If Mr. A and Mr. B present contradictory documents purportedly issued by Institution C, the proper thing to do would be to go to the originating institution (Institution C) to resolve the issue. But Mr. Kume and his colleague whimsically chose to believe the “evidence” supplied by Oyetola and reject that of Adeleke in the bid to upturn the express desire of the Osun populace. Besides, the appellate court found, as I had argued, that the tribunal “was wrong to have acted on the evidence in isolation of the voter register from the disputed polling units.” It upheld the minority judgment which I had lauded, saying that the failure of the petitioners to dispense with the voter register was fatal to their case.

The Appeal Court judgment proves that not everyone can, in the language of the columnist Farouk Kperogi, be a purchasable judicial bandit. It is criminal for judges to shelve law and logic and award positions to undeserving winners. I said, and still maintain, that the rerun election staged to upset Adeleke’s 2018 governorship win was pure brigandage. It was a blatantly in-your-face electoral heist during which thugs launched deadly attacks on voters in order to secure a predetermined end.

But here is the gist: supposing that Oyetola and his people had actually won the July16, 2022 governorship election, then why have they been unable to replicate that feat in the subsequent elections in the state? During the February 25 presidential and National Assembly elections in Osun, the candidate of Adeleke’s PDP, Atiku Abubakar, won 20 local government areas with a total of 354,366 votes to defeat his closest rival, Bola Tinubu of the APC, who scored 343,945 votes. And in the National Assembly elections, Adeleke again demonstrated his political superiority by leading his party to a massive electoral victory. The party swept all the senatorial and House of Representatives seats, leaving none for the opposition. He then went on to cap off the spectacular performance with a tsunami at the March 19 House of Assembly polls in the state. The PDP won 25 seats, while the APC won just one.

Indeed, if the development temper that I have noticed in the state subsists, then Senator Adeleke is going to have a massive re-election win. Accusing me of deceit won’t change that.



Achraf Hakimi’s masterstroke

In light of the valiant efforts to undermine the masterstroke reportedly pulled off by PSG footballer Achraf Hakimi, let me say that it is a logical corollary of the onslaught of men in Euro-America. Marriage has been turned into a cash app by certain wicked women whose entire existence is a plague to men and the marriage institution. I have no pity for the twenty-times-married whores who married sports stars (or anybody else) only to enjoy unearned luxury through divorce. Western laws are so ranged against men that it makes absolutely no sense to get married. Good riddance to bad rubbish!!
https://tribuneonlineng.com/the-validation-from-osun/

9jahotblog:
By the Special Grace of Almighty God, Governor Ademola Adeleke will be magnanimous in victories in the Supreme Court of justice.

Amen
Adeleke will win
Imole De

We wishes Adeleke remain the governor of osun. Everything is not about politics but good governance. We pray for non interuption of governance in osun. Oyetola has nothing new to offer osun people than what he had done.

sageb:


Amen
Adeleke will win
Imole De

Amin 🙏🙏🙏🙏

Good luck to Adeleke

Victories for Governor Ademola Nurudeen Jackson Adeleke in the Supreme Court of justice, victories for Pdp

I wish Adeleke victory.

I believe this issue has been spoken about many times, let's move on to the PEPT.

No need to over-flog the issue any longer.

fergie001:
I believe this issue has been spoken about many times, let's move on to the PEPT.

No need to over-flog the issue any longer.

yes Mr Fergie001, the general public should know the judgement coming from the Supreme Court of justice.

This one still carry him mumu go Supreme make he go rest jarey...


Osun people don talk who they want why's he acting desperate...

Ademola VS Oyetola in the Supreme Court of justice

4 Appeals in respect of same 2022 Gubernatorial Election in Osun, since all the 4 appeals are replica of the other. Lawyers from both sides agreed that one of the Appeals filed by Oyetola and which is marked as SC/508/2023 be heard by Lord Justices of Supreme Court. With this consolidation of Appeals, decision of Supreme Court in suit number SC/508/2023 will bind on all the rest 3 Appeals.

Wish dem the best of luck.

Na we be your best plug for everything Sexual enhancement tho