₦airaland Forum

Did somebody just say Atiku will win at the court? Table tennis court or basketball court?

The beautiful ones are not yet born!

Are you saying I shouldn't have gone to court?

The chest beating thing is actually a DNA thing. No wonder!

PDP no dey tire.....their level of lies these days make Nigerians thanking God for not giving them power. Chai!

Tinubu this, Tinubu that...Cho Cho Cho! Na im matter go kill una.

These people are confusing me oo. I thought Atiku won on INEC server

Hedonisst:
You be mumu, and there's nothing I can do to help you. You think you're in a Banana Republic where anything goes. Imagine the stupid example you're giving about CJN?

If dem born you and your master Tinubu or Buhari well, use DSS to block National Assembly that day and use minority to elect principal officers let's see how that pans out. Na body go tell you.

Na mouth una sabi get, nothing more. Your chest go don get hole by now.
I ask you again. Apart from chest beating what have you guys done to the CJN removal?
That's your last mention from me tho.

TonyeBarcanista:
Danny we go clear your doubt

We are watching

TonyeBarcanista:
[s][/s]Stop this childish talk my friend

No.....other than chest beating, what have you guys done concerning the CJN case? Nothing!

The level you people are taking chest beating to, una chest go soon get hollow.

TonyeBarcanista:
It doesn't matter whether the Southeast or Southsouth don't get any presiding office but Femi Gbajabiamila, Ahmed Lawan and other anointed of Bourdillon and Oshiomole WILL NOT get any presiding position. This is not APC primary, this is NASS election

Oga, you are a writer and not a politician. Leave bragging right to those that can politically do it. If the party agrees on these guys, they will be elected. Forget 2015.

Hedonisst:
When I hear fools say that Buhari can determine who becomes presiding/principal officers in NASS, I just laugh. Stupid people also use Obasanjo as reference as to how he easily installed and uninstalled Senate Presidents during his first tenure.

You have to understand that 'eye never open' in that period. Nigeria's democracy was still 'nascent', and things were only beginning to take shape. You can't try that now. You can't impose a Senate President or Speaker in the name of enforcing "party discipline. It simply wouldn't work. At the appointed date, the legislators would elect whoever plays the game best as Senate President/DSP, Speaker, and Deputy Speaker. There's absolutely nothing the useless Buhari or greedy Tinubu can do about it.

If they try to use gestapo tactics by cordoning off the National Assembly with their useless DSS and police, and allowing only select lawmakers access to go in and elect the anointed candidates, that would be disastrous and would not stand. The pretenders so elected would be summarily impeached, and the NASS would be thrown into crisis.

You guys like beating unnecessary chest. Your corrupt CJN was removed months ago and up till now you couldn't do jack about it.

I just marvel at the way you people talk at times. If DSS condoned NASS there's nothing anybody can do than to shout and go to bed afterwards.

Gosh!

Well the guy that conducted the poll wanted to shame the minister but was resisted by the truthful Nigerians who don't live on hate.

You benefit from this government more than your failed previous governments but because you hate Buhari so much your reasoning turned dunce.

The man no get una time

Mario1983:
The nation may be plunged into a constitutional crisis in about three weeks as the tenure of the acting Chief Justice of Nigeria , Justice Muhammad Tanko , comes to an end ,

Muhammad was inaugurated by President Muhammadu Buhari on January 25 , 2019 following an order by the Code of Conduct Tribunal that the substantive CJN , Justice Walter Onnoghen , be suspended and the next in line of seniority , be sworn in.
However , the constitution states that the President cannot re -appoint an acting CJN unless on the recommendation of the National Judicial Council .
Section 231 ( 4) and ( 5 ) states , “If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office , then until a person has been appointed to and has assumed the functions of that office , or until the person holding has resumed those functions , the President shall appoint the most senior Justice of the Supreme Court to perform those functions .
“Except on the recommendation of the National Judicial Council , an appointment pursuant to the provisions of subsection ( 4 ) of this section shall cease to have effect after the expiration of three months from the date of such appointment , and the President shall not re - appointment a person whose appointment has lapsed.”

Onnoghen and Muhammad are facing a probe by the NJC , the body responsible for the discipline and appointment of judges .
While Onnoghen was given a query by the NJC to respond to allegations on why he failed to declare some of his assets as required by law , the acting CJN was asked to respond to a query on why he allowed himself to be sworn in by Buhari without the recommendation of the NJC as stipulated by the constitution .
Onnoghen has challenged his suspension before the Court of Appeal but the appellate court has withheld judgment for unknown reasons while the case before the CCT has been given an accelerated hearing .
Buhari will only be able to extend Justice Muhammad ’s tenure if the NJC sends his name to the President for confirmation .
The President will subsequently be expected to send his name to the Senate for confirmation .
However , the current Senate , led by Senate President Bukola Saraki , has been at loggerheads with the executive branch .
The upper chamber of the National Assembly harshly criticised Buhari for suspending Onnoghen and had even threatened to drag the executive arm of government to the Supreme Court .
Reliable sources in the Presidency feared that if Buhari nominates Muhammad as the CJN to the Senate , the current set of lawmakers would likely reject his nomination .
The current Senate will expire in June , and Saraki, who lost re - election , will not be part of the 9 th Senate .
Speaking with our correspondent on Saturday , however , Chief Robert Clarke ( SAN ) said it was too early to speculate as the NJC still had three weeks .
Clarke said the constitution is clear that the appointment of judges should be on the basis of seniority and since Onnoghen remained under suspension , the NJC would have to extend the tenure of Justice Muhammad , who is also being probed by the council .
He said , “The Constitution will not allow a vacuum in any instance . It says the most senior judge will take over as acting CJN . After three months, the NJC can recommend another three months . He has no definitive tenure . It only said if the position is not vacant , the most senior must act .
“The NJC can recommend Tanko ( Muhammad ) again . I know the NJC will do the right thing. They know more than you and I , they know what to do . The constitution says the most senior . So , the NJC cannot recommend just anyone . Let ’ s not speculate .”
Also speaking with our correspondent , human rights lawyer , Jiti Ogunye , believed there would be no constitutional crisis because Nigeria always found its way out of such issues .

Ogunye added , “The point is when that time comes , a way would be found . The NJC that is still grappling with the issue of the treatment meted to Onnoghen , which is still considering petitions against him and that of the acting CJN for the fact that he presented himself to be appointed by the President , is that the same NJC that will have time that will be considering what will happen to him in three weeks ?

You got your answer there.

Another PDP Governor giving kudos to the army for aiding peaceful election but that Olongbo guy won't see this. Anywhere PDP won, the military is the best but anywhere APC won the election is militarised.

Corrupt party.

But their server said they won everywhere na

Are you guys tired of fielding Atiku? If you like go and bring the whole world on one ticket, APC will beat you silly. The sensible Nigerians are more than the daft ones.

Everybody wants everything

No, you're the one that will starved of looted funds, then die of bitterness, hanger and hate.

I like seeing the hungry Omokriminal cry like this. It gives me joy. When are man hides under the umbrella of pastorship to spew rubbish on social media, you know hunger is taking a toll on him.

He should have called out the US when they congratulated Buhari and see if he won't be deported in seconds.

Meanwhile.......

PaChukwudi44:
"Best political brain indeed.His influence starts and ends in the SW.I wonder if a man who wins elections by thuggery is the best the SW has to offer

If you can influence and deliver a polling unit, have total control of it, then you can look little on Tinubu.

They are at it again. All these 50kobo writers.
You guys have forgotten that in 2015, Lawan was Buhari candidate while Tinubu was rooting for another person entirely.

Whenever you PDP guys failed in your evil project, instead of you to repent you jump on another one.

madridsta007:
Northerners knowing politics isn’t in dispute.
What Nigerians are crying for is for Northerners to know governance.

Yea! They don't know governance but voted out incompetence while you who know voted someone for litres of kerosene.

This just shows those who calls Northerners illiterate are the ones that need to hide their face in shame. They have their sense intact whenever they go to the polls.

It's a shame that some people will return incompetence and corruption as long as the person is coming out under PDP.

Duke and Atiku will go and contest in Cameroon

Na this court Onnoghen go sleep walahi

INEC server result from Atiku laptop abi?

Lalasticlala

Lalasticlala has Mynd44 join you in the snake meeting?

NaijaRoyalty:
Mumu governor , your days are numbered .

You cannot win this case because the people of Osun didn't vote for you to lead them .

You're a thief just like everyone in your useless party , the APC .

Calm down! Let the Appeal court deal with this. Your wailing is overflowing

Osun State Governor, Adegboyega Oyetola, who contested the last governorship election on the platform of the All Progressives Congress (APC), has asked the Court of Appeal in Abuja to reverse the majority judgment given on March 22 by the Osun State election tribunal.

The tribunal had, by a majority judgment given by two of its three members, voided the election of Oyetola, pronounced Ademola Adeleke of the People’s Democratic Party (PDP) winner.

It then asked the Independent National Electoral Commission (INEC to issue him a certificate of return.

In a 39-ground notice of appeal filed on March 26, 2019 by his team of lawyers, led by Wole Olanipekun (SAN), Oyetola faulted the majority judgment, given by Justices Peter Obiora and Anyinla Gbolagunte, on the grounds that it was perverse, replete with contradictions and not supported by evidence led by the petitioners.

Oyetola wants the Court of Appeal to uphold his appeal, set aside the majority judgment and dismiss the October 16, 2018 petition by PDP and Adeleke.

The governor said his complaint, in the appeal, was against the entire majority judgment, except where the tribunal held that it lacked jurisdiction to set aside INEC Guidelines; that the allegation of over voting was not proved; that the petitioners did not prove voided votes and other parts of the judgment where the tribunal agreed with their arguments.

Oyetola is contending, in his first ground of appeal, that the entire of the majority judgment is a nullity because it was written and delivered by Justice Obiora “who did not participate in all the proceedings of the tribunal and who was not present when all the witnesses gave evidence.”

He noted that Justice Obiora was absent on February 6 when the respondents witnesses (RWs) 12 and 13 – Ayoola Soji and Oladejo Kazeem – testified and tendered exhibits, which the tribunal admitted in evidence.

The appellant argued that, having not attended the tribunal’s siting on February 6, 2019, Justice Obiora could not see the two witnesses and was unable to examine their demeanour, as required, and therefore, unlawful for the judge to have authored a judgment in which he reviewed the evidence given by the witnesses.

He said: “The writing of and or the participation of the Honourable Justice P. C. Obiora in the writing of the judgment of the lower tribunal of 22nd March 2019 and delivery of same, vitiates the entire judgment.”

Oyetola also argued the tribunal, in its majority judgment, erred in law and acted without jurisdiction when it accepted the petitioners’ complained of non-compliance with the provisions of Electoral Act in relation to the September 22, 2018 governorship election in Osun State and on that basis proceeded to nullify the victory of Oyetola and APC.

It was equally the appellant’s contention the tribunal acted without jurisdiction by basing its decision to uphold the petition and set aside the return of the appellants on the basis of allegation of non-compliance with the Electoral Act, in relation to the September 22 governorship election.

The appellant noted that, nowhere in the entire petition, did Adeleke and the PDP complained about non-compliance with the provisions of the Electoral Act in relation to the September 22, 2018 election.

He added that the only ground, in the petition, alleging non-compliance with the provision of the Electoral Act was in relation to the rerun election held on September 27, 2018.

Oyetola noted the tribunal contradicted itself in its conclusion, in page 191 of the majority judgment, to the effect that the information omitted by the election officers in the Forms EC8A in the 17 polling units, where the tribunal voided results, were essential to proving over-voting.

He argued that, having earlier found that accreditation is not done on Form EC8A and that same (accreditation) cannot be proved without voters’ register, the tribunal was without jurisdiction to overrule itself.

The appellant further argued that the tribunal erred in law when it cancelled elections in 17 polling units on the mere allegation of improper ballot accounting and accreditation details.
He argued that since all the witnesses called by Adeleke and the PDP admitted that the voting process was regular; that votes scored by each party were publicly announced after counting and that the announced scores of parties were truly reflected on Forms EC8A tendered by petitioners, the tribunal was wrong to have proceeded to cancel results.

Oyetola said: “All petitioners’ witnesses testified and admitted that petitioners were not short-changed regarding the scores recorded for them in each Form EC8A tendered, and that no addition of votes was reflected in favour of the appellants.

“The lower tribunal had rightly found that there was no over-voting; there was no voiding of valid votes; that accreditation can only be done through voters’ register; that no single ballot paper was tended before it.

“By cancelling of elections in 17 poling units the lower tribunal acted without jurisdiction. By deciding as aforesaid, the lower tribunal discountenanced Section 139(1) of the Electoral Act.”
Oyetola also faulted the tribunal’s decision to void the rerun election when the petitioners did prove that there were elections in the seven polling units where the rerun election took place and that the results were wrongly cancelled.

He noted the petitioners did not plead nor adduce evidence that the presiding officers of the affected seven polling units had ab initio (on his own/without any prompting) approved of the elections at the polling units.

He added that the petitioners did not tender the results from the seven polling units.

The appellant also noted the petitioners did not call their agents from the affected polling units as witnesses; did not tender documentary evidence to show that it was the returning officer that unilaterally cancelled the elections.

Oyetola also argued that the tribunal acted outside its jurisdiction, erred in law and arrived at a perverse decision when it engaged in calculating and subtracting from election results to arrive at proclaiming Adeleke and PDP as being victorious.

He noted that by engaging in computation of votes, the tribunal allocated to the petitioners more votes than they claimed to have scored.

The appellant noted that, while the petitioners, in their relief xviii, put the total votes of parties, after the deduction of the cancelled votes, at: APC 241,335 and PDP:246,634, the tribunal, in its judgment, after making its computation and deduction, allocated to the parties: APC 253,452 and PDP 253, 777.

Oyetola argued that, where the petitioners failed to tender the press release they claim INEC issued in respect of the cancelled elections, and also failed to tender results from the seven polling units, the tribunal was in error to have acceded to the petitioners’ prayer to void the said press release.

The appellant also argued that the tribunal contradicted itself when, on the one hand, it nullified the rerun election of September 27, 2018, but on the other hand, went ahead to void the election of the appellant on the same election.

He further argued: “Having rightly held that it lacked the jurisdiction to strike down and nullify the approved Guidelines and Regulations for the Conduct of the Osun State Governorship Election 2018, made by INEC, the tribunal misdirected itself in law and came to a perverse decision by going ahead to nullify the rerun election.”

Oyetola also argued that the tribunal was wrong to have declared Adeleke winner of the election, held on September 22 and 27, 2018 on ground of non-compliance rather than ordering a rerun election.

He noted that, not only did the decision disenfranchise the electorate in the affected polling units, it voilated the provision of Section 140(2) of the Electoral Act.

The appellant argued that, having admitted to have benefited from INEC’s alleged non-compliance with Electoral Act, by not filling some portions of the Forms EC8A, and asked that the results from those polling units be cancelled, they petitioners could not have asked the tribunal to declare them winners of the same elections.

He added the lower tribunal erred when it voided votes in 17 poling units on the basis of improper ballot accounting and record of accreditation on Form EC8A

Oyetola argued that, since elections were concluded in the polling units; results counted and recorded in the appropriate forms, and no one contested the quantum of votes scored by the parties, the reasons given by the tribunal to void the votes did not affect the result of the election.

He added: “The lower tribunal wrongly disenfranchised the electorate in the said polling units after casting their votes and without any challenge to the scores generated from the voting exercise.”

The appellant prayed that Court of Appeal to dismiss the petition by Adeleke and PDP, for being unmeritorious and set aside the majority decision of the tribunal, which he argued, “is against the weight of evidence.”

http://thenationonlineng.net/updated-osun-gov-oyetola-asks-appeal-court-to-reverse-tribunals-decision/amp/?__twitter_impression=true
Lalasticlala Mynd44

Openatyn:
Am sure those protesters were imported from Lagos, they are not indegenes or resident of Osun State and still protest again the court Judgement they will rather celebrate the judgement and rejoice.

If you think Lagosians are jobless like you, then think again.