₦airaland Forum

baralatie:
a retrial would have been the best solution to this issue of judicial error!
but the problem is HOW does the supreme court order a retrial in this case when that is not what the counsels of the parties are contending in the case before it.The supreme court cannot introduce it on behalf of the parties

Rather the counsel to Adeleke or Oyetola would have sought for a retrial from the lower courts tirst

This they did not pursue because they both had judgements in their favour and approached the supreme court to DETERMINE which of the two JUDGEMENT is CORRECT.

. Governorship election matters must end within six months.Time frame made retrial impossible.That was a reason the appeal court considered all the issues arising on the Osun matter.The Supreme court only sustained the appeal court judgement....

baralatie:
a retrial would have been the best solution to this issue of judicial error!
but the problem is HOW does the supreme court order a retrial in this case when that is not what the counsels of the parties are contending in the case before it.The supreme court cannot introduce it on behalf of the parties

Rather the counsel to Adeleke or Oyetola would have sought for a retrial from the lower courts tirst

This they did not pursue because they both had judgements in their favour and approached the supreme court to DETERMINE which of the two JUDGEMENT is CORRECT.

. Appeal court ruled that time frame would not allow the retrial It is for six months duration...The appeal went ahead to consider other issues on the appeal.and decided in favour of APC....The supreme court only sustained the appeal court judgement ....Retrial is impossible

ejimatic:
. It is almost not far fetched to say that Adeleke’s case was dead on arrival, and just one man inability to be at the right place at the right time had rid Adeleke of a victory that could have been.

The absence of Peter Obiora at a very important hearing had been the greatest “spoiler” of all times and seemed almost like an easy way for Isiaka Gboyega Oyetola to stamp his victory on Osun. After months of uncertainty and wait in the judicial wilderness the legal tangle has finally been brought to a close and unfortunately it didn’t end well for Adeleke. Why had Adeleke not stood a chance from the very moment he was declared winner? Let us take a critical look at how everything has played out from the beginning and the exact point  Adeleke began his fall to “loosedom”.

Why Adeleke Lost

The three man panel that had been set up in 2018 had declared Adeleke  winner in March 2019, their bases being that the rerun election that held on September 27, 2018, was illegal and had consequently  declared Adeleke the winner. In the first ballot that had been held on September 22.  PDP candidate won majority votes of 254,698 votes while Mr Oyetola of the APC came a close second with 254,345 votes.

However, at the supplementary, reverse had been the case and Oyetola had won. With the cancellation of the rerun one would think that a final victory had been struck but unfortunately a loophole had been created and therein lies the beginning of the end for Adeleke.

Out of the three man panel in the tribunal, one Justice Peter Obiora had been absent on February 6, 2019 when a major discussion on the issue of none-compliance was tabled and according to the ruling which had been given by the supreme court his absence meant that he therefore could not have viewed the issue squarely.



It had been observed that Justice Obiora had not signed a record that he was present at the tribunal on February 6.  They had stated that the fact that one of the judges did not sit during a tribunal and had gone ahead to deliver judgment was a very serious matter.



His lack of sitting had declared the judgment of the tribunal null and void, therefore the supplementary elections of Oyetola now stands and he is therefore the winner of the Osun 2018 Gubernatorial. What a loophole!

One begin to wonder if the supreme court was right to base its judgment on such an unfortunate technicality and not on the initial election itself that had been held on the 22nd of September. Let us take a look at some court cases that have some similarity to this present mishap that led to the Adeleke’s loss.



In the case of Ubwa vs Tiv Area Traditional Council, Justice Magaji JCA who had not participated in the initial hearing of the case wrote and delivered a judgment that had been heard by Akpabio, Umoren and Chukwuma-Eneh, JJCA. The apex court after considering sections 247(1), 294(2) ad (4) of the 1999 constitution declared the judgment a nullity and consequently ordered a retrial.



We also have  Sokoto State Government Vs Kamdex Nig limited. In this case Justice Galadima who did not hear the appeal had delivered a concurring judgment that had been heard by Justices Ogebe, Aderemi and Chukwuma-Eneh, which led to the supreme court saying that it was not a complete judgment of the court of appeal because because one of the Justices who heard the appeal did not reduce his judgment or opinion in writing capable of being delivered … as required by section 294(2) of the 1999 constitution.



We also have the case of Awolola v Governor Ekiti State (2019) All FWLR, however in this case if the judgment of the judge who is not a member of the original panel is discountenanced, the judgment still stood as judgment of the majority. This is not so in the case of Oyetola v Adeleke’s where the panel was made up of three members and one of them had voted against Adeleke. The card of the judgment of the majority would not play out in this case  since the Supreme Court has found the judgment of Peter Obiora invalid because he did not sit with the original panel on February 6  as shown by the records of appeal that is made up of three members.



The absence of Justice Peter Obiorah through out the hearing had given Oyetola an upper hand right from the beginning. It is almost unbelievable that Adeleke’s lawyers could not see this even while it was quite glaring.

According to what is provided within section 285(4) of the 1999 constitution the tribunal of an election shall be the chairman and two members and if that is not the case then the judgment on that hearing has no bases and is rendered null and void.

If only Peter Obiorah had been present in that very important hearing, then maybe, just maybe it would have been a  different story, a different victory that would have played out.

I .am yet to understand why Obiorahs was absent on that day.Was he acting a script written by some people in favour of PDP? Why did he not allow another judge to write the judgement which he would concur? Why absence when APC was presenting witnesses who he later assessed in his lead judgement.Was his judgement fair to the respondent? Like appeal court and supreme court I declare his judgement a nullity.

zoedew:
Many feel Obiora, J seeming Greek Gift Judgment is the reason.

Many have heavily criticised Obiora, J for writing the majority judgment in the matter between Sen. Ademola Adeleke and Gov. Oyetola at The Osun State Governorship Elections Petition Tribunal on the ground that it made the Supreme Court rule the way it did yesterday and in favour of Gov. Oyetola. They want his head on a platter! Some say he acted as a fifth columnist who helped destroy Sen. Ademola Adeleke‘s case.

Many feel the Supreme Court went technical when they ruled against Sen. Ademola Adeleke.

What they omitted to consider is the fact that the concept of justice is not one way and that allowing the judgment of Obiora J, who did not witness the demeanour of the witness to stand wouldamount to injustice to the Respondents who are entitled to a judgment written by a competent Judge.

A judgment of a trial court is the application of the law to facts provided before a judge who was afforded the opportunity to witness the demeanour of the witness while the testimony was underway. Truth is that the finding of fact of a trial court is considered so important that appellate courts are loathe to disturb same unless it is perverse. It cannot be contested that one cannot put something on nothing therefore Obiora’s Judgment having been based on the review of a testimony he did not observe must be struck down!


As to visiting the sin of Counsel on the litigant the Counsel committed no sin in the matter. How is Counsel to know who among the Judges on The Panel will be assigned to write the majority judgment such as would afford him the opportunity to point out Obiora’s incompetency to write same. The judgment of a lower court is reviewable by a superior court and where found to be without a justifiable basis as in this instance it is simply struck down.


Also, the moral of the whole matter cannot be ignored by Their Lordships who themselves as parents and grandparents will not be proud of a truant and an ill-suited personality becoming Governor of a State. Sen. Ademola Adeleke is an example of how a child should not grow up in school. They did the needful!

In all the circumstances The Appelant may wish to write a Petition against Obiora J and his other compatriot in the trial tribunal for reviewing evidence he never listened to!

. I am yet to understand why Obiorahs was absent on that day.Was he acting a script written by some people in favour of PDP? Why did he not allow another judge to write the judgement which he would concur? Why absence when APC was presenting witnesses who he later assessed in his lead judgement.Was his judgement fair to the respondent? Like appeal court and supreme court I declare his judgement a nullity.

drskyfly007:
Human comprehension you mean

yes comprehension... I am Sorry for the wrong spelling.

ejimatic:
. It is almost not far fetched to say that Adeleke’s case was dead on arrival, and just one man inability to be at the right place at the right time had rid Adeleke of a victory that could have been.

The absence of Peter Obiora at a very important hearing had been the greatest “spoiler” of all times and seemed almost like an easy way for Isiaka Gboyega Oyetola to stamp his victory on Osun. After months of uncertainty and wait in the judicial wilderness the legal tangle has finally been brought to a close and unfortunately it didn’t end well for Adeleke. Why had Adeleke not stood a chance from the very moment he was declared winner? Let us take a critical look at how everything has played out from the beginning and the exact point  Adeleke began his fall to “loosedom”.

Why Adeleke Lost

The three man panel that had been set up in 2018 had declared Adeleke  winner in March 2019, their bases being that the rerun election that held on September 27, 2018, was illegal and had consequently  declared Adeleke the winner. In the first ballot that had been held on September 22.  PDP candidate won majority votes of 254,698 votes while Mr Oyetola of the APC came a close second with 254,345 votes.

However, at the supplementary, reverse had been the case and Oyetola had won. With the cancellation of the rerun one would think that a final victory had been struck but unfortunately a loophole had been created and therein lies the beginning of the end for Adeleke.

Out of the three man panel in the tribunal, one Justice Peter Obiora had been absent on February 6, 2019 when a major discussion on the issue of none-compliance was tabled and according to the ruling which had been given by the supreme court his absence meant that he therefore could not have viewed the issue squarely.



It had been observed that Justice Obiora had not signed a record that he was present at the tribunal on February 6.  They had stated that the fact that one of the judges did not sit during a tribunal and had gone ahead to deliver judgment was a very serious matter.



His lack of sitting had declared the judgment of the tribunal null and void, therefore the supplementary elections of Oyetola now stands and he is therefore the winner of the Osun 2018 Gubernatorial. What a loophole!

One begin to wonder if the supreme court was right to base its judgment on such an unfortunate technicality and not on the initial election itself that had been held on the 22nd of September. Let us take a look at some court cases that have some similarity to this present mishap that led to the Adeleke’s loss.



In the case of Ubwa vs Tiv Area Traditional Council, Justice Magaji JCA who had not participated in the initial hearing of the case wrote and delivered a judgment that had been heard by Akpabio, Umoren and Chukwuma-Eneh, JJCA. The apex court after considering sections 247(1), 294(2) ad (4) of the 1999 constitution declared the judgment a nullity and consequently ordered a retrial.



We also have  Sokoto State Government Vs Kamdex Nig limited. In this case Justice Galadima who did not hear the appeal had delivered a concurring judgment that had been heard by Justices Ogebe, Aderemi and Chukwuma-Eneh, which led to the supreme court saying that it was not a complete judgment of the court of appeal because because one of the Justices who heard the appeal did not reduce his judgment or opinion in writing capable of being delivered … as required by section 294(2) of the 1999 constitution.



We also have the case of Awolola v Governor Ekiti State (2019) All FWLR, however in this case if the judgment of the judge who is not a member of the original panel is discountenanced, the judgment still stood as judgment of the majority. This is not so in the case of Oyetola v Adeleke’s where the panel was made up of three members and one of them had voted against Adeleke. The card of the judgment of the majority would not play out in this case  since the Supreme Court has found the judgment of Peter Obiora invalid because he did not sit with the original panel on February 6  as shown by the records of appeal that is made up of three members.



The absence of Justice Peter Obiorah through out the hearing had given Oyetola an upper hand right from the beginning. It is almost unbelievable that Adeleke’s lawyers could not see this even while it was quite glaring.

According to what is provided within section 285(4) of the 1999 constitution the tribunal of an election shall be the chairman and two members and if that is not the case then the judgment on that hearing has no bases and is rendered null and void.

If only Peter Obiorah had been present in that very important hearing, then maybe, just maybe it would have been a  different story, a different victory that would have played out.

The judge also dismissed two other similar appeals filed by Adeleke,marked: SC/554/2019 and SC/555/2019.
Both appeals were against the Court of Appeal judgments in the appeals by the Independent National Electoral Commission (INEC) and the APC against the majority judgment of the tribunal.
Justices Ibrahim Muhammad (Acting Chief Justice of Nigeria), Justices Kudirat Kekerere-Ekun, Amiru Sanusi and Uwani Abba-Aji agreed with the lead majority judgment as delivered by Justice Rhodes-Vivour.
Justice Abba-Aji read the lead majority judgment in the second appeal, marked: SC/556/2019, which challenged the legality of the supplementary election conducted in Osun after INEC declared the first election inconclusive.
Justice Abba-Aji said, in view of the court’s position in the earlier judgment, to the effect that the majority judgment of the tribunal was a nullity, it was unnecessary to consider other issues raised in the appeal.

[quote author=ejimatic post=79989810]. It is almost not far fetched to say that Adeleke’s case was dead on arrival, and just one man inability to be at the right place at the right time had rid Adeleke of a victory that could have been.

The absence of Peter Obiora at a very important hearing had been the greatest “spoiler” of all times and seemed almost like an easy way for Isiaka Gboyega Oyetola to stamp his victory on Osun. After months of uncertainty and wait in the judicial wilderness the legal tangle has finally been brought to a close and unfortunately it didn’t end well for Adeleke. Why had Adeleke not stood a chance from the very moment he was declared winner? Let us take a critical look at how everything has played out from the beginning and the exact point  Adeleke began his fall to “loosedom”.

Why Adeleke Lost

The three man panel that had been set up in 2018 had declared Adeleke  winner in March 2019, their bases being that the rerun election that held on September 27, 2018, was illegal and had consequently  declared Adeleke the winner. In the first ballot that had been held on September 22.  PDP candidate won majority votes of 254,698 votes while Mr Oyetola of the APC came a close second with 254,345 votes.

However, at the supplementary, reverse had been the case and Oyetola had won. With the cancellation of the rerun one would think that a final victory had been struck but unfortunately a loophole had been created and therein lies the beginning of the end for Adeleke.

Out of the three man panel in the tribunal, one Justice Peter Obiora had been absent on February 6, 2019 when a major discussion on the issue of none-compliance was tabled and according to the ruling which had been given by the supreme court his absence meant that he therefore could not have viewed the issue squarely.



It had been observed that Justice Obiora had not signed a record that he was present at the tribunal on February 6.  They had stated that the fact that one of the judges did not sit during a tribunal and had gone ahead to deliver judgment was a very serious matter.



His lack of sitting had declared the judgment of the tribunal null and void, therefore the supplementary elections of Oyetola now stands and he is therefore the winner of the Osun 2018 Gubernatorial. What a loophole!

One begin to wonder if the supreme court was right to base its judgment on such an unfortunate technicality and not on the initial election itself that had been held on the 22nd of September. Let us take a look at some court cases that have some similarity to this present mishap that led to the Adeleke’s loss.



In the case of Ubwa vs Tiv Area Traditional Council, Justice Magaji JCA who had not participated in the initial hearing of the case wrote and delivered a judgment that had been heard by Akpabio, Umoren and Chukwuma-Eneh, JJCA. The apex court after considering sections 247(1), 294(2) ad (4) of the 1999 constitution declared the judgment a nullity and consequently ordered a retrial.



We also have  Sokoto State Government Vs Kamdex Nig limited. In this case Justice Galadima who did not hear the appeal had delivered a concurring judgment that had been heard by Justices Ogebe, Aderemi and Chukwuma-Eneh, which led to the supreme court saying that it was not a complete judgment of the court of appeal because because one of the Justices who heard the appeal did not reduce his judgment or opinion in writing capable of being delivered … as required by section 294(2) of the 1999 constitution.



We also have the case of Awolola v Governor Ekiti State (2019) All FWLR, however in this case if the judgment of the judge who is not a member of the original panel is discountenanced, the judgment still stood as judgment of the majority. This is not so in the case of Oyetola v Adeleke’s where the panel was made up of three members and one of them had voted against Adeleke. The card of the judgment of the majority would not play out in this case  since the Supreme Court has found the judgment of Peter Obiora invalid because he did not sit with the original panel on February 6  as shown by the records of appeal that is made up of three members.



The absence of Justice Peter Obiorah through out the hearing had given Oyetola an upper hand right from the beginning. It is almost unbelievable that Adeleke’s lawyers could not see this even while it was quite glaring.

According to what is provided within section 285(4) of the 1999 constitution the tribunal of an election shall be the chairman and two members and if that is not the case then the judgment on that hearing has no bases and is rendered null and void.

If only Peter Obiorah had been present in that very important hearing, then maybe, just maybe it would have been a  different story, a different victory that would have played

Dannyset:
Yea! But the Zamfara and Rivers judgment were in the past Government. You people have issues.

. Their reasoning is beyond human comprehension

. It is almost not far fetched to say that Adeleke’s case was dead on arrival, and just one man inability to be at the right place at the right time had rid Adeleke of a victory that could have been.

The absence of Peter Obiora at a very important hearing had been the greatest “spoiler” of all times and seemed almost like an easy way for Isiaka Gboyega Oyetola to stamp his victory on Osun. After months of uncertainty and wait in the judicial wilderness the legal tangle has finally been brought to a close and unfortunately it didn’t end well for Adeleke. Why had Adeleke not stood a chance from the very moment he was declared winner? Let us take a critical look at how everything has played out from the beginning and the exact point  Adeleke began his fall to “loosedom”.

Why Adeleke Lost

The three man panel that had been set up in 2018 had declared Adeleke  winner in March 2019, their bases being that the rerun election that held on September 27, 2018, was illegal and had consequently  declared Adeleke the winner. In the first ballot that had been held on September 22.  PDP candidate won majority votes of 254,698 votes while Mr Oyetola of the APC came a close second with 254,345 votes.

However, at the supplementary, reverse had been the case and Oyetola had won. With the cancellation of the rerun one would think that a final victory had been struck but unfortunately a loophole had been created and therein lies the beginning of the end for Adeleke.

Out of the three man panel in the tribunal, one Justice Peter Obiora had been absent on February 6, 2019 when a major discussion on the issue of none-compliance was tabled and according to the ruling which had been given by the supreme court his absence meant that he therefore could not have viewed the issue squarely.



It had been observed that Justice Obiora had not signed a record that he was present at the tribunal on February 6.  They had stated that the fact that one of the judges did not sit during a tribunal and had gone ahead to deliver judgment was a very serious matter.



His lack of sitting had declared the judgment of the tribunal null and void, therefore the supplementary elections of Oyetola now stands and he is therefore the winner of the Osun 2018 Gubernatorial. What a loophole!

One begin to wonder if the supreme court was right to base its judgment on such an unfortunate technicality and not on the initial election itself that had been held on the 22nd of September. Let us take a look at some court cases that have some similarity to this present mishap that led to the Adeleke’s loss.



In the case of Ubwa vs Tiv Area Traditional Council, Justice Magaji JCA who had not participated in the initial hearing of the case wrote and delivered a judgment that had been heard by Akpabio, Umoren and Chukwuma-Eneh, JJCA. The apex court after considering sections 247(1), 294(2) ad (4) of the 1999 constitution declared the judgment a nullity and consequently ordered a retrial.



We also have  Sokoto State Government Vs Kamdex Nig limited. In this case Justice Galadima who did not hear the appeal had delivered a concurring judgment that had been heard by Justices Ogebe, Aderemi and Chukwuma-Eneh, which led to the supreme court saying that it was not a complete judgment of the court of appeal because because one of the Justices who heard the appeal did not reduce his judgment or opinion in writing capable of being delivered … as required by section 294(2) of the 1999 constitution.



We also have the case of Awolola v Governor Ekiti State (2019) All FWLR, however in this case if the judgment of the judge who is not a member of the original panel is discountenanced, the judgment still stood as judgment of the majority. This is not so in the case of Oyetola v Adeleke’s where the panel was made up of three members and one of them had voted against Adeleke. The card of the judgment of the majority would not play out in this case  since the Supreme Court has found the judgment of Peter Obiora invalid because he did not sit with the original panel on February 6  as shown by the records of appeal that is made up of three members.



The absence of Justice Peter Obiorah through out the hearing had given Oyetola an upper hand right from the beginning. It is almost unbelievable that Adeleke’s lawyers could not see this even while it was quite glaring.

According to what is provided within section 285(4) of the 1999 constitution the tribunal of an election shall be the chairman and two members and if that is not the case then the judgment on that hearing has no bases and is rendered null and void.

If only Peter Obiorah had been present in that very important hearing, then maybe, just maybe it would have been a  different story, a different victory that would have played out.

It is almost not far fetched to say that Adeleke’s case was dead on arrival, and just one man inability to be at the right place at the right time had rid Adeleke of a victory that could have been.





The absence of Peter Obiora at a very important hearing had been the greatest “spoiler” of all times and seemed almost like an easy way for Isiaka Gboyega Oyetola to stamp his victory on Osun. After months of uncertainty and wait in the judicial wilderness the legal tangle has finally been brought to a close and unfortunately it didn’t end well for Adeleke. Why had Adeleke not stood a chance from the very moment he was declared winner? Let us take a critical look at how everything has played out from the beginning and the exact point Adeleke began his fall to “loosedom”.


Why Adeleke Lost

The three man panel that had been set up in 2018 had declared Adeleke winner in March 2019, their bases being that the rerun election that held on September 27, 2018, was illegal and had consequently declared Adeleke the winner. In the first ballot that had been held on September 22. PDP candidate won majority votes of 254,698 votes while Mr Oyetola of the APC came a close second with 254,345 votes.


However, at the supplementary, reverse had been the case and Oyetola had won. With the cancellation of the rerun one would think that a final victory had been struck but unfortunately a loophole had been created and therein lies the beginning of the end for Adeleke.

Out of the three man panel in the tribunal, one Justice Peter Obiora had been absent on February 6, 2019 when a major discussion on the issue of none-compliance was tabled and according to the ruling which had been given by the supreme court his absence meant that he therefore could not have viewed the issue squarely.


It had been observed that Justice Obiora had not signed a record that he was present at the tribunal on February 6. They had stated that the fact that one of the judges did not sit during a tribunal and had gone ahead to deliver judgment was a very serious matter.


His lack of sitting had declared the judgment of the tribunal null and void, therefore the supplementary elections of Oyetola now stands and he is therefore the winner of the Osun 2018 Gubernatorial. What a loophole!

One begin to wonder if the supreme court was right to base its judgment on such an unfortunate technicality and not on the initial election itself that had been held on the 22nd of September. Let us take a look at some court cases that have some similarity to this present mishap that led to the Adeleke’s loss.


In the case of Ubwa vs Tiv Area Traditional Council, Justice Magaji JCA who had not participated in the initial hearing of the case wrote and delivered a judgment that had been heard by Akpabio, Umoren and Chukwuma-Eneh, JJCA. The apex court after considering sections 247(1), 294(2) ad (4) of the 1999 constitution declared the judgment a nullity and consequently ordered a retrial.


We also have Sokoto State Government Vs Kamdex Nig limited. In this case Justice Galadima who did not hear the appeal had delivered a concurring judgment that had been heard by Justices Ogebe, Aderemi and Chukwuma-Eneh, which led to the supreme court saying that it was not a complete judgment of the court of appeal because because one of the Justices who heard the appeal did not reduce his judgment or opinion in writing capable of being delivered … as required by section 294(2) of the 1999 constitution.


We also have the case of Awolola v Governor Ekiti State (2019) All FWLR, however in this case if the judgment of the judge who is not a member of the original panel is discountenanced, the judgment still stood as judgment of the majority. This is not so in the case of Oyetola v Adeleke’s where the panel was made up of three members and one of them had voted against Adeleke. The card of the judgment of the majority would not play out in this case since the Supreme Court has found the judgment of Peter Obiora invalid because he did not sit with the original panel on February 6 as shown by the records of appeal that is made up of three members.


The absence of Justice Peter Obiorah through out the hearing had given Oyetola an upper hand right from the beginning. It is almost unbelievable that Adeleke’s lawyers could not see this even while it was quite glaring.

According to what is provided within section 285(4) of the 1999 constitution the tribunal of an election shall be the chairman and two members and if that is not the case then the judgment on that hearing has no bases and is rendered null and void.

If only Peter Obiorah had been present in that very important hearing, then maybe, just maybe it would have been a different story, a different victory that would have played out.

Osun governorship dispute: Why Supreme Court dismissed Adeleke’s appeals
by Praise Olowe — 13 hours ago
The Supreme Court on Friday dismissed the four appeals filed by the candidate of the Peoples Democratic Party (PDP) in the last governorship election in Osun State, Senator Ademol
a Adeleke.
The appeals by Adeleke and his party were against the May 9, 2019 judgments of the Court of Appeal, Abuja, which voided the majority judgment of the election tribunal and affirmed the election of Adegboyega Oyetola of the All Progressives Congress (APC) as the governor of Osun State.
The four appeals were marked: SC/553/2019; SC/554/2019; SC/555/2019 and SC/556/2019.
The Supreme Court, in a majority decision of five-to-two, read by Justice Olabode Rodes-Vivour, held that the majority judgment given by the election tribunal, in favour of Adeleke and the PDP, was a nullity.
Justice Rhodes-Vivour held that the tribunal was not properly constituted when it gave its decision in view of the non-participation of one of the tribunal members in one of the sittings where trial was conducted and vital documents admitted in evidence.
The judge, in the lead majority judgment, agreed with lawyer to Oyetola, Wole Olanipekun (SAN) that the failure of a member of the election tribunal, Justice Peter Obiora to sit on February 6, 2019 rendered the entire proceedings and the judgment given by the tribunal a nullity.
The judgment by Rhodes-Vivour was on the appeal marked: SC/553/2019 which was directed at the Court of Appeal’s judgment in the appeal filed by Oyetola against the majority decision of the election tribunal.
The court noted that Justice Obiora was absent on February 6, 2019 when the respondents witnesses (RWs) 12 and 13 – Ayoola Soji and Oladejo Kazeem – testified and tendered exhibits, which the tribunal admitted in evidence.
The apex held that, having not attended the tribunal’s siting on February 6, 2019, Justice Obiora did not see the two witnesses and was unable to examine their demeanour, as required, and therefore, it was wrong for the judge to have authored a judgment in which he reviewed the evidence given by the witnesses.
Read Also: Osun: We ‘ll stand by Adeleke, says Atiku
Justice Rhodes-Vivour added: “As rightly pointed out by the learned senior counsel for the first respondent, Chief Wole Olenipekun (SAN), learned counsel for the appellant, O. Ikpeazu (SAN) also held the view that Obiora J did not sit. on the 6th of February 2019.
“At no time did Ikpeazu dispute the proceedings of the 6th of February2019. It was observed that, at the election tribunal, Obiora J signed the record of proceedings at the end of every proceeding, except on the 6th of February 2019 when he did not sign at the end of the proceedings.”
Justice Rhodes-Vivour said, after examining the submissions of counsel and the record of appeal, “I hold the position that Obiora J did not sit on the said day. What then is the implication of that on the proceedings conducted and the judgment delivered by the tribunal?
“The Supreme Court has always set aside the judgments of the trial courts where the panels have been irregular and inconsistent.
“An examination of the record of appeal reveals that well over 90 persons gave evidence, and at the end of each day’s proceedings, three judges, which included Obiora J, signed. It was only the proceedings of the 6th of February 2009 that was not signed by Obiora J.
Continue on Page 2
“That was the day when the testimonies of RW12 and RW13 were taken. They were crossed examined and vital documents admitted in evidence, which counsel agreed, at the Court of Appeal, that Obiora J did not sit on the 6th of February 2019 and so, he could not have signed the proceedings of that day.
“The failure. of Oboira J to sit on the 6th of February 2019 renders the proceedings of that day worthless and the entire judgment a nullity.
“The correct order to make in this circumstance is to declare the entire judgment of the tribunal a nullity as a result of the fact that one of the members of the panel did not sit on a day proceedings were held.
“The learned counsel to the appellants ought to have advised his clients that the failure of Obiora J to sit on the 6th of 6ebruary 2019, but prepared the majority judgment, is a fundamental flaw.
“The tribunal was not properly constituted as regard, the number of its members, on the 6th of February 2019. The absence of Obiora J from the proceedings of the 6th of February 2019 affected the competence of the tribunal to deliver the judgement in any form,” he said.
Justice Rhodes-Vivour proceeded to set aside the entire proceedings of the tribunal and it’s judgement delivered in favour of Adeleke and the PDP.
He upheld the majority judgement of the Court of Appeal, which earlier voided the tribunal’s judgement and affirmed the victory of Gov. Oyetola of the APC
Justice Rhodes-Vivour added: “I affirm the majority judgment of the Court of Appeal. The majority judgment of the tribunal is a nullity. The preliminary objection is overruled. The appeal is dismissed.”
The judge also dismissed two other similar appeals filed by Adeleke,marked: SC/554/2019 and SC/555/2019.
Both appeals were against the Court of Appeal judgments in the appeals by the Independent National Electoral Commission (INEC) and the APC against the majority judgment of the tribunal.
Justices Ibrahim Muhammad (Acting Chief Justice of Nigeria), Justices Kudirat Kekerere-Ekun, Amiru Sanusi and Uwani Abba-Aji agreed with the lead majority judgment as delivered by Justice Rhodes-Vivour.
Justice Abba-Aji read the lead majority judgment in the second appeal, marked: SC/556/2019, which challenged the legality of the supplementary election conducted in Osun after INEC declared the first election inconclusive.
Justice Abba-Aji said, in view of the court’s position in the earlier judgment, to the effect that the majority judgment of the tribunal was a nullity, it was unnecessary to consider other issues raised in the appeal.
Justices Kumai Akaahs and Paul Galumje gave the dissenting judgments in both cases in which they allowed the two appeals.
In his contribution, Akaahs said: “I wish to say that INEC is supposed to be an umpire and not an interested party.
Read Also: PDP suspends Elumelu, Ikpeazu, Oke, others
“In this particular case, INEC used its manual to cancel an election in some polling units and declared the election inconclusive when the appellant had scored the highest number of votes and got the required spread of two-third of the votes in the 25 per cent of the Local Government Areas.
“They ought to have declared the appellant the winner. But, INEC had something up its sleeves and it was able to achieve that by the rerun, whereby the 2nd respondent (Oyetola) had 400 plus votes as against the 1st appellant (Adeleke), who had 300 plus.
“Whereas in the election of September 22, 2018, after the illegal cancellation of some results, the 1st appellant has scored the majority votes of 300,000 plus votes.
“INEC has always used the rerun election to do what it likes. This should not continue.
“On that basis, I hold that the 1st appellant, having scored the highest number of lawful votes and had the spread, he ought to be declared the winner and I so declare.”

Shuku0kukobambi:
Truly Fayemi is the real MVP of the Osun election. Oyetola and APC owe him big time

A report has it that as Omisore was going for the meeting he started making calls to his people that he would work for APC during the rerun.He is the man of the match

Shuku0kukobambi:
Truly Fayemi is the real MVP of the Osun election. Oyetola and APC owe him big time

. A report has it that as Omisore was going for the meeting he started making calls to his people that he would work for APC during the rerun.He is the man of the match

bellachibaby:
Ekiti State Governor, Dr. Kayode Fayemi, has congratulated his Osun State counterpart, Gboyega Oyetola, over Friday’s Supreme Court ruling that validated his election as governor.

Fayemi described the apex court ruling as an affirmation of the people’s will as expressed through their votes in the 2018 governorship election in the state.

The governor, in a statement by his Chief Press Secretary, Yinka Oyebode, said, “It is a great day for democracy. The highest court in the country has finally settled the controversies surrounding the Osun governorship election and affirmed Governor Oyetola as the true winner of the election.
“Hearty congratulations to my brother Governor, Oyetola. A bigger congratulation to the people of Osun State, who are the real winners in the context,” the governor stated, adding that Oyetola would take Osun State to the next level of development and prosperity.

Also, the APC in the South West on Friday congratulated Oyetola on his victory, saying it called for great celebration.

The APC, in a statement, signed by the Zonal Publicity Secretary, Karounwi Oladapo, expressed confidence that Oyetola would certainly accelerate the pace of development in Osun, now that there would be no more unnecessary distraction.




Read more here https://thickmatch.com/fayemi-south-west-apc-congratulate-oyetola-supreme-court-victory/

. Fayemi came back from America on Monday and invited Omisore to a meeting in Ibadan with APC menAPC humbled itself before Omisore while Omisore also swallowed his pride. By Tuesday morning Omisore was set to work with APC ...That made the rerun in Ife axis a walk away for Oyetola ....The rest is now history.Congratulations to Omisore for his success and One day he will also be supported to rule as governor on Osun State by the grace of God

Johnnyessence:
nothing was sighted please. go and read vanguard, premium times newspaper and thenationonlineng newspaper very well. you will read complete details of today's supreme court judgement.
The supreme Court finally delivered judgement in favour of
Oyetola of the APC. The judgement was based, purely, on a
technicality thrown up by the absence of Justice Obiora from a sitting of the election petition tribunal. Ademola Adeleke is the people's choice and the people's governor

. My attention has been drawn to baseless proclamation online that today's judgement was based on judicial error.I respect everybody opinion on the matter.Though I am not a politician I think I should set the record straight on why today's judgement is all encompassing. To start with Adeleke s appeal appeal was divided into 4. 1. Obiorahs absence. 2. Objection to appeal court majority judgement 3 Confusion of electoral law and constitution on tribunal power to deduct votes 4 declaration that Adeleke won the election on 22 September .so no need of rerun. In their summation the Supreme court said on the hearing day that decision on 1 affects 2 while that of 3 will affect 4.This is where logic comes in...The supreme court ruled that Obiorahs absence made the entire tribunal siitting a nullity..It means the Supreme court agrees with the majority judgement of the appeal court.So issues 1 and 2 settled. Issues 1and2 are subsumed in 3 and 4.So if the Supreme court agrees with the majority decision of the appeal court that means all that the judgement of the appeal court in favour of the APC is acceptable to the Supreme court.That is why Adeleke s appeal is struck out...My submission here is understood by lawyers from both sides for they understood the logic behind the Supreme court judgement.

contigiency:
As the battle between Gboyega Oyetola of the All Progressives Congress (APC) and Senator Ademola Adeleke of the Peoples Democratic Party (PDP) comes to an end today, we bring you live updates of the proceedings. So stay tight.

My attention has been drawn to baseless proclamation online that today's judgement was based on judicial error.I respect everybody opinion on the matter.Though I am not a politician I think I should set the record straight on why today's judgement is all encompassing. To start with Adeleke s appeal appeal was divided into 4. 1. Obiorahs absence. 2. Objection to appeal court majority judgement 3 Confusion of electoral law and constitution on tribunal power to deduct votes 4 declaration that Adeleke won the election on 22 September .so no need of rerun. In their summation the Supreme court said on the hearing day that decision on 1 affects 2 while that of 3 will affect 4.This is where logic comes in...The supreme court ruled that Obiorahs absence made the entire tribunal siitting a nullity..It means the Supreme court agrees with the majority judgement of the appeal court.So issues 1 and 2 settled. Issues 1and2 are subsumed in 3 and 4.So if the Supreme court agrees with the majority decision of the appeal court that means all that the judgement of the appeal court in favour of the APC is acceptable to the Supreme court.That is why Adeleke s appeal is struck out...My submission here is understood by lawyers from both sides for they understood the logic behind the Supreme court judgement.

kahal29:
Supreme Court uphold Judgment delivered by the Court of Appeal affirming Governor Adegboyega Oyetola as the duly elected governor of Osun States in a judgement of 5 to 2

https://mobile.twitter.com/tvcnewsng/status/1147063090632171521

https://www.premiumtimesng.com/news/headlines/338977-osun-governorship-supreme-court-delivers-final-verdict-in-adeleke-oyetolas-tussle-live-updates.html

Acting CJN, Tanko Muhammad, Justice Rhodes-Vivour, Justice Kekere-Ekun, Justice Sanusi and Justice Abaaji consented to the majority judgment dismissing PDP's appeals on Osun election. Justices Akaahs and Galinje dissented.

. My attention has been drawn to baseless proclamation online that today's judgement was based on judicial error.I respect everybody opinion on the matter.Though I am not a politician I think I should set the record straight on why today's judgement is all encompassing. To start with Adeleke s appeal appeal was divided into 4. 1. Obiorahs absence. 2. Objection to appeal court majority judgement 3 Confusion of electoral law and constitution on tribunal power to deduct votes 4 declaration that Adeleke won the election on 22 September .so no need of rerun. In their summation the Supreme court said on the hearing day that decision on 1 affects 2 while that of 3 will affect 4.This is where logic comes in...The supreme court ruled that Obiorahs absence made the entire tribunal siitting a nullity..It means the Supreme court agrees with the majority judgement of the appeal court.So issues 1 and 2 settled. Issues 1and2 are subsumed in 3 and 4.So if the Supreme court agrees with the majority decision of the appeal court that means all that the judgement of the appeal court in favour of the APC is acceptable to the Supreme court.That is why Adeleke s appeal is struck out...My submission here is understood by lawyers from both sides for they understood the logic behind the Supreme court judgement.

kahal29:
Supreme Court uphold Judgment delivered by the Court of Appeal affirming Governor Adegboyega Oyetola as the duly elected governor of Osun States in a judgement of 5 to 2

https://mobile.twitter.com/tvcnewsng/status/1147063090632171521

https://www.premiumtimesng.com/news/headlines/338977-osun-governorship-supreme-court-delivers-final-verdict-in-adeleke-oyetolas-tussle-live-updates.html

Acting CJN, Tanko Muhammad, Justice Rhodes-Vivour, Justice Kekere-Ekun, Justice Sanusi and Justice Abaaji consented to the majority judgment dismissing PDP's appeals on Osun election. Justices Akaahs and Galinje dissented.

Act 1 scene 1. Atiku will have scene 2

kahal29:
Supreme Court uphold Judgment delivered by the Court of Appeal affirming Governor Adegboyega Oyetola as the duly elected governor of Osun States in a judgement of 5 to 2

https://mobile.twitter.com/tvcnewsng/status/1147063090632171521

https://www.premiumtimesng.com/news/headlines/338977-osun-governorship-supreme-court-delivers-final-verdict-in-adeleke-oyetolas-tussle-live-updates.html

Acting CJN, Tanko Muhammad, Justice Rhodes-Vivour, Justice Kekere-Ekun, Justice Sanusi and Justice Abaaji consented to the majority judgment dismissing PDP's appeals on Osun election. Justices Akaahs and Galinje dissented.

. Act 1 Scene 1. Atiku will have scene 2 soon

ejimatic:
. Section 140 and 250 will speak volume tomorrow if they are not removed from the constitution this night... In my opinion APC will be more favoured than the PDP tomorrow

. The two cited parts of the constitution worked against Adeleke and PDP today...I have been vindicated

Jchi9876:
I pity your blood pressure on July 5.
We no go see your break light that day
You go dey hide face like tolotolo

. I am fine as usual because I know the end of case from the bwgining. I hope you have eaten this afternoon with Supreme court bombshell..... I have been vindicared

Johnnyessence:
you have started your lies of epistles already. Like I always say, it will never hold any water .All the 7 judges will decide on the pdp appeal and they will start their judgement from tribunal judgement. Your epistles here is trash as expected. Very biased.

. epistles have become history of Osun State now.I have been vidicated

Johnnyessence:
this one too have started posting his trash as expected from him. your trash here is highly false. justice obiora only once abstained from the tribunal sitting when the trial is on in the tribunal and he have cogent reasons in which supreme court judges won't rule on that. supreme court judges will decide on the case based on the tribunal judgment cos' of it laws the majority judges followed in serving their judgment in the case.

. I have been vindicated....when we talk you should be quiet ....You don't know evetything

Johnnyessence:
you have started writing epistles again that don't hold any water. pdp wooed Omisore too. but still not Omisore proved vividly during that period that he's a clueless betrayer. besides he's not the determinant of the poll. the so called supplementary election was highly marred with violence and intimidation by Apc thugs on that faithful day. you will not say that cos' you are Apc apologist.

. Am I writing epistles now or historical part of Osun State.? Learn to be humble and tolerant of peoples opinion.....I have been vindicated.

Mr Osun State ..How is market? I have been vindicated.. When we talk we know what we are saying..... Learn to be humble

Johnnyessence:
you are not from osun state and you don't know what happened in the sham rerun election. Tell me the local government the sham rerun election took place. besides the inec ought not to have declared the election inconclusive.

. Mr Osun State ..How is market? I have been vindicated.. When we talk we know what we are saying..... Learn to be humble

Johnnyessence:
you are highly wrong. you are not from osun state so you don't know where the rerun exercise took place. the rerun election only took place on 3 local government namely osogbo local government (Alekuwodo, osogbo), orolu local government(ifon) and ife east local government (olode axis)

. How has your day been Mr Osun State?

Johnnyessence:
copied and pasted nairalander. your epistles doesn't hold any water. they are just trash.

. my epistles now hold water and no longer trash.....I have been vindicated.

Johnnyessence:
speaking from biased mind here, you haven't change. not balancing things up.
Tomorrow's verdict will shape the constitutional provision of
section 179 while validating or nullifying the 'margin of
victory' introduction which is actually like a constitutional
amendment.

. My epistles have become political history in Osun State......I have been vimdicated

ejimatic:
..... the entire proceedings and the judgement of the Osun State Governorship Election Tribunal a nullity. I hereby set aside the entire proceedings including the judgement," she ruled.
Justice Sankey also faulted the tribunal's decision to declare the supplementary election as illegal as well as cancelling results of 17 polling units even though Adeleke did not prove over-voting took place.
She said, "The absence of proper ballot accounting in the Forms EC8A in the 17 polling units is not a substantial non-compliance and did not substantially affect the results of the election.
"The only appropriate order is for a rerun election as provided under section 140(2) of the Electoral Act but not to recompute the results of the election and proceed to declare the 1st respondent or any other person the winner of the election.
"The tribunal was in patent error when it set aside the rerun election especially when it found that the conduct of the rerun was not marred by malpractices and non-compliance with the Electoral Act, leading to the unwarranted disenfranchisement of the voters in the seven polling units."
Justices Abubakar Yahaya , Isaiah Akeju , and
Bitrus Sanga , agreed with Justice Sankey's. ....... The above except from the appeal court judgement sets a stage for the judgement at the supreme court on Friday. Arising questions are :Will the supreme court overrule itself? will the supreme court contradict itself? Will supreme court expunge section 140 and 250 of the constitution? Will supreme court set aside previous judgements on rerun elections and absence of the justice even in a day during hearing?Will the Supreme court not confirm Oyetola on Friday? Will the supreme court order rerun election in 17 polling units and 7polling units where rerun took place? Will the supreme court say constitution and electoral laws are not related again?Will the Supreme court overrule all its precedents relating to Osun election? The final decision is in the hand of CJN Tanko Mohammed and his team.As for me my personal opinion without reservation to anybody or any aggrieved individual or group is: The Supreme court will confirm Oyetola as governor or order a rerun in 17 contested poling units and 7 polling units where rerun took place.

. I have been vindicated..

raumdeuter:
I need your analysis on Aboubacar Aticou and the cripple lawyer he took to tribunal

. I iwill do so in due course...Thank you sir

kahal29:
Supreme Court uphold Judgment delivered by the Court of Appeal affirming Governor Adegboyega Oyetola as the duly elected governor of Osun States in a judgement of 5 to 2

https://mobile.twitter.com/tvcnewsng/status/1147063090632171521

https://www.premiumtimesng.com/news/headlines/338977-osun-governorship-supreme-court-delivers-final-verdict-in-adeleke-oyetolas-tussle-live-updates.html

Acting CJN, Tanko Muhammad, Justice Rhodes-Vivour, Justice Kekere-Ekun, Justice Sanusi and Justice Abaaji consented to the majority judgment dismissing PDP's appeals on Osun election. Justices Akaahs and Galinje dissented.

. The Supreme court judgement is 5 ..2.and in favour of APC as I said yesterday with constitutional evidences.I have been vindicated by this judgement. as I predicted I appreciate everybody that has been following me on Osun matter ..I appreciate those who criticised me with blindness and described my analysis as epistles.My epistles have now become political history in Osun and Nigerian at large. May God deliver them from their ignorance and baseless argument. I appreciate all men and ladies of wisdom on Nairaland and those who objectively commented on Nairaland.It is clear that election cases are not won by bitterness but facts constitution and electoral acts...Long live Osun and Nigeria at large......