₦airaland Forum

One, signing the judgement is one of the requirements for a valid ruling. However, in a panel of judges, apart from signing, you must have an opinion either written or expressed. The question is what judgement is the member 2 signing? She actually signed the judgement of the chairman and not her own.
2. I maintain that there's no valid tribunal judgement. It's a split decision read by 2 different judges. For one of the ruling to be ruling of the tribunal, the third judge must side one way or another by written or expression. Which of the judgement do you want the appellate courts to adjudicate on?
3. The Supreme Court has not made pronouncement on whether section 292 of the Constitution applies to tribunal because it has never happened before that a member of election tribunal will not give judgement in open court.

ejimatic:
. In 2018 the judge was absent on the day APC was presenting his witnesses and the same judge was appraiising the winesses he did not see. It was evident that he did not sign the register of attendance on the day APC was presenting the witnesses. Another judge should have read the judgment. Osun 2018 was different from 2022 where the judges attended the sittings and signed their judgements. By her signing the majority judgement it means she was in agreement with it. If she did not sign it was a nullity in law. The two judgements in my opinion stand but whether the majority judgement could be viwed as minority is our concern .This can be resolved if SC has made a statement on it before that it applies to TB.

The first and major issue that will be determined by the appellate courts is if there's a valid tribunal judgement before them. If they decide there's none, then the purported tribunal judgment will be nullified and order a retrial.

semmyk:
If per chance there's no valid judgement, then, in law wouldn't it then be that there would be nothing live before the appellate court? As in jurisdiction 101
Invariably, what would the appellate court be considering. What would be the matter at hand?

By import, it will apply to the tribunal or any judicial commission where there is more than one judge adjudicating. In 2018 Osun election case, the appeal and supreme Courts emphasized that every member must present at all times and have opinions on the matter before them. The appellate courts dismissed the majority judgement of the tribunal because the judge that wrote the leading judgement was absent for one day during the trial.

ejimatic:
. Section 292 makes it compulsory for AC and SC to do so but this does not apply to TB. Any recent development on it or SC assertion on it that it concerns TB is needed and appreciated.

How is majority or minority judgement determined in a panel of judges as applicable in supreme Court, court of appeal, judicial commission or tribunal? Every judge in that such panle must have an opinion expressed or written whether to concur or object to the lead rulling. Anything contrary cannot stand. This is a schoolboy error by the 2nd member of the tribunal. You have to say or write something; even simple words like 'I concur to the lead judgement' will suffice.

ejimatic:
. Please give us the content of this judgement in relation to the need for the 3rd party to read her judgement so as to take it a majority judgement..I love our discussion.

There's no valid judgment of the tribunal that the appeal or supreme Court will adjudicate on. The appeal and supreme Court will ask for retrial by different panel which will become academic exercise because of time.

semmyk:
Thanks @Ejimatic for expressing this. From this interesting ground of appeal, one would have thought 9ja follows a different jurisprudence.
In saner clime, which isn't so much of saner climes but principle of law, ALL the Judges or Justices do not voice an opinion on majority judgement (leading judgement as called in 9ja or UK). When do Judges penned an opinion? They do when they have disagreement (like in the case of the 3rd panel member). When a Judge or Justice is in agreement (that is concur) but want to emphasise an aspect of law or express a different approach that would arrive at the same outcome but from another angle/perspective.
Invariably, all that is required is to concur or dissent.

_{“The second member of the lower Tribunal could not have validly signed the decision of the chairman of the lower Tribunal without an opinion.
“What was presented as the lead decision of the Tribunal is a nullity in fact and in law, not lead decision of the lower Tribunal.”}
In my view, this ground of appeal, if 9ja legal jurisprudence follow others, would be fantastically interesting. Hopefully, it's not a 'milking off' of client by the advocates/lawyers.
Be it as it may. I'll have to read up appropriate sections of the Constitution and Judicial Act on this aspect as what is applicable to 9ja.
In any case, one would expect a person in Adeleke's position, who affirms he's won correctly, to be raising factual appeal grounds rather than what would be construed as clutching at straw. Or maybe even those of Chapter VII s295 of the Constitution, or 285 read with 294.
I won't be surprised if parties rely on this (recent) ruling or one of the party has not updated themselves with this ruling. Seems the appellate court will have their hand full ventilating and considering this SC ruling.
See SC 84/2010, Nwagboso Ubani Ukoma & Ors Vs Seven-up Bottling Company Plc & Ors
Alternative link.

I have said this in the days after the judgment that there's no tribunal judgment. The chairman and member 2 have just wasted everyone's time.

chrisxxx:
I am not a lawyer but this makes sense

Few points on this judgement:
1. The first report given to APC actually showed over-voting in more than 700 polling units. It is actually around 1500 polling units or thereabout including units APC won. Therefore, the alleged over-voting is widespread although APC based their petition on units they lost (700). This was alluded to in the minority judgement. Therefore, it is not restricted to where PDP won.
2. The second report given to PDP was better but was also showing over-voting in some units as well. The majority ruling of the tribunal claimed that INEC colluded with PDP in the pendency of the petition by APC to produce the second reports. However, this argument is puerile at best by two reasons (a) PDP is entitled to ask for the same forms/reports given to APC to defend the petition and can only ask for it in the pendency of the petition. Why would the winner of election ask for BVAS report? PDP won the election. They asked for the report after studying the petition of APC.
(b) The second BVAS report cannot be said to be tampered with because it still showed over-voting as claimed by APC although in less polling units across the state.
3. The two reports are contradictory leaving the PDP to then ask for physical inspection of the BVAS machines. At least the reports are generated by BVAS machines. The BVAS machines were brought to the open court and inspected and the data there correspond with the election results. Now, there were three evidences. 2 BVAS reports (printed from server, mind you) and one physical reports of the BVAS machines in the open court. In fact the two BVAS reports are not in tandem with the results of the physical inspection of the BVAS machines. The majority ruling decided to go with first BVAS report, neglecting 2nd BVAS validly given to PDP and the data on the BVAS itself.
4. In the majority judgement, the judge harped heavily and compared the veracity of the two BVAS reports. He said the 2nd BVAS report is doctored. Okay, but what of the BVAS machines itself? Is it also doctored? The tribunal gave permission to inspect the machines by the two parties and everyone in court saw there was no over-voting in BVAS machines but the tribunal didn't even take a position on the results of BVAS inspection in their ruling.
5. The tribunal didn't dabble into whether the results of BVAS machines inspection are accurate or tampered with as well. The question is, are BVAS machines tampered with as well? I will answer in negative by two reasons:
(a) we learned that only the chairman of INEC and director of ICT can have access to data stored on the BVAS machines. Even one of them cannot access the machines data without the cooperation of other. We all know that immediately after election and after tribunal started sitting, the BVAS machines were housed in the tribunal and not with INEC in Osogbo.
(b) The second reason why I believe that the machines were not tampered with was because the inspection of the machines showed over-voting in 6 units. If INEC had tampered with it, no polling units will report over-voting.
5. There were 3 members of the tribunal. The chairman wrote the leading judgment and other member wrote minority judgement. The third member of the panel did not agree with either the majority or minority judgements in the open court. After reading of the judgment by the chairman, the third member only greeted people and say goodbye. No concurrence or otherwise. I dare to say there is no judgement of that tribunal.
In conclusion, I believe the fight is actually against BVAS machines to erode the confidence of people on the machines or INEC and bring apathy in the forthcoming general election. Everybody should endeavour to get their PVC and vote wisely. Your vote will count.

Sincerely i dont understand that judge and his intent. A judge just saying someone forged a document without any recourse to the issuing authority and neglecting the CTC of the earlier judgement of higher court clearing the defendant of the same issues. I think the judge is just catching fun! Because i could you say in one breath that someone forged a certificate and going ahead to say he is qualifying to contest. I believe he just put that statement there for the sake of propaganda.

FromTopToBottom:
...it is only an issuing authority that can determine whether a document is forged or not....that is not the duty of the tribunal..tribunal does not issue secondary school or primary school certificate or result

No problem sir/ma. The clearing of Adeleke of forgery in 2018 was actually a full blown court trial in high court and he won up till appellate court. Adeleke certificate and testimonial was not
cleared by court affidavit. Thanks for your humility.

Mhyles:
Take it easy my brother/sister. You don't need to abuse me. I dont think I have said anything deserving your abuse. Either testimonial or certificate, Adeleke was cleared by court by the testimomy of the school principal and WAEC representative.

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Okay I’m sorry for that. As a matter of fact, if you lost your credentials and head to high court, you’ll be backed. That’s high court for you. But when it comes to real case, investigations and evidences, Tribunal & Supreme takes it up

Take it easy my brother/sister. You don't need to abuse me. I dont think I have said anything deserving your abuse. Either testimonial or certificate, Adeleke was cleared by court by the testimomy of the school principal and WAEC representative.

Mhyles:
Then you dont know about the case. He was cleared of the testimonial in higher court. The principal came to court in respect of testimonial while WAEC came in respect to WAEC result. This was in 2018. APC was even in power at the time.

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You’re the biggest fool I’ve ever seen so far on nairaland. It’s a common sense, Principal came to court to testify but the court only wanna see ORIGINAL CERTIFICATE !! Nothing concern court with guessing or assumptions. Courts deals with facts and evidences

Then you dont know about the case. He was cleared of the testimonial in higher court. The principal came to court in respect of testimonial while WAEC came in respect to WAEC result. This was in 2018. APC was even in power at the time.

garfield1:
He was cleared on waec not testimonial.this testimonial is clearly forged

Because the judge is playing to the gallery. I cant understand this judge at all. Judge doesn't give to propaganda but facts. The fact as at this evening is that the higher court has cleared Adeleke of any forgery.

Indispensable85:
Apc will appeal this judgement in some parts. The appeal and cross appeal will be interesting. I'm wondering why the judge will not make a pronouncement on the issue of forgery having agreed with the petitioners.

I think this tribunal chairman has some personal issues with Ademola Adeleke. The same testimonial has been adjudged okay by Appeal Court (or is it supreme Court?). Testimonial will bear the current date and name of the institution. If you go to OAU now to collect any certification, it will bear OAU even if you went to school when it was called University of Ife. The principal of the said school even testified in high court in 2018 that the testimonial was just issued and it was authentic. The judge is ridiculous and pandering to either emotion or some other sentiment or both. You can't just say someone forged a document and still say he is qualified to contest. Funny enough the PDP lawyers tendered the CTC of Appeal Court judgment exonorating Adeleke of forgery but as he did with other evidences, the tribunal chairman just overlooked it.

May I ask which is more important, BVAS machine or its report?Adeleke cannot ask of BVAS report since he won election. He only asked for it after APC filled their petition. Therefore, both BVAS reports are from INEC and are legitimate. Unfortunately, both reports are contradictory. When asked INEC why it produces two dissimilar reports, INEC said they were still updating
their machines when the reports were made. Mind you electoral act mandated INEC to regularly do this. INEC contended that APC asked for the report just 24 hours after the election leading to the inconsistencies while updating is ongoing. Now there's problem with the 2 BVAS reports and judge cannot cheerypick. Now how will it be resolved? The BVAS machine itself which contain the reports will be needed to decide the actual data. BVAS machines were brought to the open court and the data on it confirms that there was no over-voting except in 6 polling units. This was proved in the open court and was not countered by APC.
However, the majority ruling said he believed in the report (giving to APC) than the source where it was generated, the BVAS machines. There are 3 materials needed to confirm or refute over-voting in election according to my reading of 2022 electoral act.
They are results sheets, voters register and BVAS machines. APC didn't plead voters register in their petition, but the tribunal said it doesn't matter. I think it's not yet uhuru!

seunmsg:
Lol. Very funny. You should know better than this. What exactly is wrong with the BVAS report? Why should the certified true copy of the BVAS report issued by INEC immediately after the election be jettisoned and not relied upon by the tribunal?

The so called second BVAS report that you guys are saying created inconsistencies and so we should jettison both and rely only on the physical machine is actually a nullity. It was manufactured a month after APC had served INEC, PDP and Adeleke its petition based on the original BVAS report. I’m sure you know that evidence cannot be manufactured during the pendency of a case.

I want to ask some questions from the legal minds on this platform:
1. If a chairman/or any member of a panel or tribunal write and read the judgment, is it compulsory for other judges to agree or disagree in the open court?
2. What happens if other judge/member didn't agree with the lead judgement in the open court but was found to have signed the judgment? Is it acceptable?
3. What materials are needed to confirm or refute over-voting in the new 2022 electoral act.
4. What is more important in evidence law, primary or secondary evidence?
Thanks you all.

If PDP wins in SS, comes second in SW and SE, and wins overall northern votes, Atiku then is the winner.

senatordave1:
Pdp is too entrenched in ss to lose to lp.in 2011 and 2015,lp was very strong in cross river state.they fielded popular candidates in local elections but failed to win any seat.tell me how obi will now win

My brother, we must be realistic in our projection unless we will be disappointed. SW people are very sophisticated set of people who always have independent opinions.
So, Tinubu may not get the bulk votes of yoruba notwithstanding he is a yoruba himself. A lot is working against him in the region. Apart from the sophistication of yoruba people, the government of Buhari is a disaster and it's making campaigns for APC in SW harder than usual. Ask those who are in the field, they will tell you. Oyetola, though
has his shortcomings, lost osun largely to Buhari misgovernance. Besides, some governors in the APC especially in ondo and ogun are not doing well according to street talks and it is making things harder. Lagos: if the voter suppression doesn't work, then Tinubu may win the state with not more than 200k votes. Ogun: APC will win but again with minimal votes. The governor performance is not helping matters. Oyo: PDP is strong in oyo irrespective of G5. Tinubu will win with marginal votes again.
Ekiti: Tinubu will win convincingly, however the total registered voters are small.
Ondo: PDP is strong in ondo, and coupled with Akeredolu second term performance, the state votes will be divided.
Osun: PDP may likely win osun or lose by less than 50k votes.
All these and Obi movement will decimate Tinubu votes (and Atiku
too) in SW. The only hope is the North. Let's wait and see till the end of January if Atiku momentum in the North will die off or peak. The problem of Tinubu is lack of strong foothold in other Southern States apart from SW as against Atiku who will have some serious votes in all the 6 regions.

Dsalvo:
Tinubu 40-45 votes in the SW? Lol. No wahala. Your data, your opinion. We will review all this misyarn after election results are in.

However, the subtotal (around 80%) given for Tinubu in SW is unrealistic. The highest SW votes Tinubu will get will be around 40-45%. I dare to say that Obi and Tinubu will cancel themselves out in SW, SE and SS in term of votes. Atiku will have the least votes in the South of Nigeria. However, if there's huge turnout in the SE, the votes of Obi in SW and SE may be able to cancel out Tinubu votes in the SW leaving obi to have some votes in the SS as reserve to counter whatever is coming from the North. The truth is that the election will be won and lost in the North. Overall, Atiku will win the North but may lose if he doesn't come second in the South. Obi must win NC Overall if he will win the election. Tinubu can only win the election if he comes first Overall in the North because his southern votes will be not be huge. Lagos will be divided, Osun is shaking. He will win each of the rest SW states with not more than 100k votes, I project. Atiku winning the North Overall and coming first in SS may win him the election.

Dsalvo:
He did not calm down to fathom that. Obi fans and gra gra na R Kelly and underaged girls

The Muslim-Muslim ticket was designed to gather tremendous votes from Muslim populated North, unfortunately, it has not gained traction there. It has backfire in the south especially in the SW because it will reduce the volume of votes for Tinubu and APC even if they will win overall SW votes. APC and Tinubu is keeping straight face though and not wanting to agree that M-M ticket was a colossal error in their permutations.

Kaiser20:
Tinubu must be naive, the Olodo believed that Buhari and the Northern Elites will support his personal ambition against Atiku and Kwankwaso.
Tinubu messed himself up in the South with Muslim - Muslim ticket believing that he has Northern votes, very ignorant.

Southern votes are also divided including SW votes. If Atiku comes first in the overall Northern votes and comes overall second in the South, then he may win election outrightly or be a candidate in the runoff election.

garfield1:
It shows he may win ne and divide nw.overall,northern votes are divided

I personally understand your point but with BVAS, any over-voting in the general election will be easily detected.
INEC themselves cannot change what's in the BVAS without leaving a trace compared to when what was needed before which was just to tick the register in INEC office to match up with the votes they have allocated. The problem is not BVAS but personnel and fortunately BVAS will show the collusion or errors of personnel on the election day if it happens at all. BVAS would have won the election for PDP and Atiku in 2019.

Rebelutionary:
Seriously, very few people are seeing the precedence that this is setting...like we say in Nigeria...when we reach that bridge we go cross am...t is well

They can only cancel the 6 units where the over-voting was detected. Then, they will recalculate and subject the remaining results to electoral act. They cannot cancel the whole election because of over-voting in 6 units of 3763 units. Of course, this indicates substantial compliance with 2022 electoral act. So, the election results stand.

basadenet:
Yes your right, but even if they cancelled the total vote in that ward, it will still not invalidate the result.

APC or Tinubu guys still dont get it: We owe Tinubu nothing although he is Yoruba.
The highest he will get in any yourba state is like 50% of the total votes. No block votes for him in yoruba. He worships the North, let them give him block votes. Yourba doesn't give block votes to any politician except Abiola and Awolowo both of blessed memories.

Strikethem:
See this one. In my state ondo, Obi will get larger votes

You have not said why you think Tinubu will win Osun State. Just one reason.

Emir01:
PDP win Osun? You guys are thinking that this a state election. State elections are totally different from presidential election. Osun will vote massively for Asiwaju. February is here. Majority of my friends that voted for Adeleke are voting Asiwaju. 99% of those Kings are rooting for Asiwaju. You will see how Osun palace will openly endorse Asiwaju when he visits palace unlike Oyetola as governor.

Few points:
1. The 2023 election will be different from previous ones due to various reasons. So, no candidate among the 3 can be written off yet.
2. The analysis revealed that Obi is a spoiler to PDP and Atiku.
3. The latent analysis is that Obi will also spoil APC and Tinubu votes in the SW too due to two reasons: a. same faith ticket of APC (I'm in the know that majority of Christians in SW (if I use my base as a projection) will rather vote for Obi/Atiku than muslim-muslim ticket; b. the economic situation and performance of Buhari have made many Yorubas to vow not to touch anything called APC even though Tinubu is on the ballot.
3. Northern interest. If the Northern voters decide to vote for Atiku in Sokoto, Katsina, Part of Kaduna, Gombe, Kano, Adamawa, etc., he may win.
4. Buhari performance is not helping APC governors especially in the North to with conviction canvass for Tinubu. The governors do not have the grip of Northern voters this time around due to performance and BVAS. Therefore, BAT should not entirely depends on them to deliver their states to him. He should have plan b. PDP may likely win Osun state or lose it by inconsequential vote like less than 10k votes.

“Any aspirant who participated in the primaries of his political party who has reasonable grounds to believe that any information given by his political party’s candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirement to contest the election is false, may file a suit at the Federal High Court, against the candidate seeking a declaration that the information contained in the affidavit is false.” Section 31(5) of the 2022 electoral act

garfield1:
That is not true.section 29 only restricts qualification matters to aspirants in a primary.it never defined what pre election and post election matters are.there is no way candidates will be stopped from suing based on qualification

No, the issues that can arise from election has been divided into pre-election (only federal high court has jurisdiction) and post election matters (tribunal). Matters of certificate or qualification is pre-election according to new electoral act and only the aspirants have locus standi. Qualification issues are not part of grounds
of seeking redress in the tribunal according to 2022 electoral act.

garfield1:
It can also mean that those who have issues with his qualifications can do so via tribunal.

Section 177 that talk about qualification for position of a governor is the most important.
You dont even need to have a certificate or pass if you have to become a president or governor. You only need to know how to read and write or in the judgement of inec. But if someone present a forge document, he can be sued of course but according to electoral act 2022, only the aspirants from his party can sue. You must have a locus standi before you can go to court. It's an elementary knowledge in law.

garfield1:
Check section 182 j and 285 amemded of the Constitution which supercedes the electoral act

What mistake did they make in the first election? Oh! They didn't bring out guns

garfield1:
You are not getting it.pdp will not win any rerun.apc will never make that mistake twice

The 2022 electoral act has settled that. The issue of certificate or qualifications is a pre-election matter which only the aspirants of a primary election has the ground to bring to court. Check section 29 of the new Electoral Act

garfield1:
The court will decide that

It is a smart thing my brother. Pdp will submit the whole bvas report in her defense and tell the tribunal it is widespread all over the state and not where pdp won as apc is saying. And they will say if the tribunal will nullify those areas where bvas report showed alleged over-voting, they should cancel across the state. Now, if that is done, pdp will still win. The calculation is done already.

garfield1:
And I added the clause of cross appeal? Was there any? If not,why should the court lookbeyond 700? Only few smart defendants use cross appeal.

Even if its a different certificate, apc cannot sue adeleke on the basis of certificate or qualification because they do not have locus standi. It is settled in the new electoral act.

garfield1:
True.if it was the same one appeal Court settled,I won't bother myself but I hope it isnt