₦airaland Forum

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.

Former Osun State Governor Rauf Aregbesola has described the judgment of the Election Petition Tribunal last Friday, which nullified the election of Governor Gboyega Oyetola as very strange and unknown to law.

Aregbesola, in a statement by his Media Adviser, Mr. Sola Fasure, said the report of the split judgment came to every watcher of political events in the state as a rude shock.

In the statement entitled: “This judgment cannot stand,” the former governor said the people of the state and the government have the highest regards for the judiciary and would keep having high regards for the revered institution.


Aregbesola, however, regretted that the tribunal’s majority judgment was strange to law and common sense.

He said the majority judgment, as delivered by their Lordship, did not support the cause of electoral justice and might constitute the death knell for properly conducted elections.

Aregbesola said the people rejected the majority judgment and believe that it would not stand scrutiny at the appellate court.

The statement noted that the majority judgment, which held that the rerun election conducted in seven polling units on the September 27, 2018, was illegal, null and void, was equally shocking and amounts to a travesty of justice.

He said the government would appeal the judgment, adding that the verdict would be upturned.

The former governor wondered why elections in 17 polling would be annulled when there was no evidence of any act known to render them null and void in an election petition such as over-voting, non-accreditation, ballot box stuffing among others.

Aregbesola contended that concern for substantive justice should have dictated that since the results from the 17 units were duly signed and adjudged by INEC to be authentic, there should not have been any controversy over there validity.

He lamented that the tribunal has effectively disenfranchised the legitimate voters in the 17 polling units and rendered the election undemocratic.

The statement said: “In nullifying the elections in the 17 polling units, the majority judgment predicated it on what is regarded as ‘substantial non-compliance’ with the provisions of the Electoral Act 2010. The said non-compliance, according to the judgment, borders on the failure of INEC’s appointed presiding officers to record accreditation and ballot accounting on the result forms in the 17 polling units.

“There was no evidence of any act known to render election null and void in an election petition such as over voting, non-accreditation, ballot box stuffing etc.

“This much was highlighted in the dissenting judgment of the Chairman of the Tribunal in disagreeing with the majority decision.

“It must be noted that APC and its candidate were not accused of any electoral malfeasance in the 17 polling units. Rather, INEC, a common agent of PDP and APC (and indeed, all the political parties), which neither of the parties has control over was merely accused of not complying with its manual for the election, when the presiding officers appointed for the election failed to make the entries.

“Therefore, the most relevant question one would pose here is: should the tribunal allow APC to suffer as a result of the mistakes or omissions occasioned by the INEC staff? Certainly, no!”

The statement added: “Equally shocking are the reasons advanced by the two justices. They advanced the proposition that elections in the seven polling units were cancelled by the state collation officer. This was not the case. There were no elections in the seven polling units, and if there was any, the onus was on the petitioners. This onus was not discharged in anyway as no results was tendered.

“The state collation officer in compliance with the margin of lead principle rightly reasoned that the outcomes of the elections could not be determined without conducting polls in the affected elections. Hence the commission’s decision to conduct supplementary elections in line with these principles.”

The ex-governor urged APC members, “supporters and lovers of justice, who have been outraged by this verdict, to be calm and unruffled”.

He insisted that the verdict cannot stand.

“As they say in law, you cannot build something on nothing,”Aregbesola said.

Youths protest panel’s judgment as Oyetola preaches peace

A Group of youths under the Osun Concerned Citizens yesterday protested judgment of the Osun Election Petitions Tribunal on the September 22, 2018 state governorship poll.

Last Friday, a three-man tribunal ruled that the People’s Democratic Party’s governorship candidate, Senator Ademola Adeleke, was the winner of the poll.

During the peaceful protest, the youths, in their hundreds, marched round major streets of Osogbo, the state capital, from Ayetoro junction via Old Garage and Okefia to Olaiya area.

The youths, who carried placards with various inscriptions like “Oyetola remain our governor”, “We voted for Governor Oyetola”, “We cannot be intimidated” among others, caused a traffic gridlock for many hours.

Addressing the crowd, the group’s General Secretary, Comrade Yaya Ademola, said the protest was aimed at sensitising the people about issues associated with the governorship election.

Ademola, who noted the lacuna in the tribunal’s ruling, was optimistic that the Court of Appeal would overturn the tribunal judgment.

He said any attempt to distort the majority votes would be resisted.

But, Governor Gboyega Oyetola, while addressing the protesters, urged the people to keep the peace as they await the final judicial pronouncement on the governorship election.

He said the people, while expressing their views on the tribunal judgment, should exercise caution, adding that he believes in the judicial process.

A statement by his Chief Press Secretary, Mr. Adeniyi Adesina, quoted the governor as saying: “I believe that the judicial process should be allowed to take its course. I have hope that we shall be vindicated and our mandate, which the people freely gave us, will be reaffirmed.

“Let us all be law-abiding as we keep hope alive.”

http://thenationonlineng.net/verdict-on-osun-governorship-poll-cannot-stand-says-aregbesola/amp/?__twitter_impression=true

PDP are getting dumb everyday with this their fake news

There's no need for all this rubbish. Can protest effect any changes? Just allow the court do its job as an a appeal has been filed already.

I will so love this I swear. Been looking for opportunity to show the children of hate, anger and bitterness that if this election is conducted 100 times, Buhari will caned Atiku. But the plus will just be that a similar governorship election in one state that PDP won will suffer the same fate and APC will win it this time.

Let's do this please.

What do you expect from a sunk man. The chest beaters are deceiving him big time.

What is wrong with this olongbo guy? PDP want to reap where they didn't sow. It won't germinate this time around.

Despite few shortcomings in this election, politicians now know that if you don't work you will be rejected, and they are doing everything to win the people to their side by working. Plus and minus, our democracy is improving.

Though this can't be said of some regions who vote on hate and returned a non-working government because it's running on the platform of a particular party.

Las las we all will be fine.

More trouble for the bureau de change

TonyeBarcanista:
You go confirm am!



@Quickberry fear God

Yinmu

Why is nairaland like this for God sake? And Seun is not even doing anything about it. This guy has denied being on twitter just lately and news of him on twitter still make FP, it's pathetic.

TonyeBarcanista:
See you in court Dan

We meet there bro. You know as e dey go na.

TonyeBarcanista:
Yimu

Hahaha

garfield1:
By 314 votes.i wish apc inflated the figures a little

Haba Calm down na!
Losing is part of the game as you can't win all the time.
At least we got Kano. Just accept this one too.

Peacecore:
sharap,wot did u hypocrite said when Fayose as a sitting gov.was accused of corruption?

Leave those hypocrites alone. They condemned Ganduje but worship Ibori. Isn't their case pathetic?

He was never APC Spokesman. He's just a Buhari supporter to the core. We like carrying wrong and fake news in this country. Rubbish

Anybody that does not verify news in this PDP fake news era before believing and spreading it is on his own. The Dubai failed strategy is very much alive to make their gullible supporters happy.

If you think am lying ask Atiku lawyers.

Odumakin is hungry so I understand his anger.

Chai this is not too good for the upcoming Star oo

This one is already living in fool's paradise

Ikeboboafri:
Oladipupo Adebutu, a factional  governorship candidate of the Peoples Democratic Party in the 2019 elections in Ogun State has disclosed why he worked against Dapo Abiodun, the Governor-elect of the state. It was gathered that Abiodun and Adebutu are natives of Remo in Ogun State, however the PDP Governorship candidate teamed up with the governorship candidate of the  Allied People’s Movement, Adekunle Akinlade, against Abiodun in the governorship election after his loss in court to governorship candidate of the PDP, Senator Buruji Kashamu. Adebutu who revealed why he worked against

Dapo Abiodun in a statement released by his media aide, Afolabi Orekoya,  said he was merely interested in making a government that works for the people. He also disclosed that he will not defect to the APC, but will support the governor-elect in the interest of the people.

“All I did during the last elections was tailored towards establishing a government that would work for the people,” he said.“It is time for the government to consider the situation at Tai Solarin University of Education, Olabisi Onabanjo University Teaching Hospital, Olokola Liquefied Natural Gas and have compassion for government employees,” he added.

Please who exactly is talking here?

Very good. They too have just lost the Deputy Senate President seat. Nobody should complain

Atiku seeing this thread