₦airaland Forum

EcoBrick:
https://www.vanguardngr.com/2023/01/osun-how-bvas-exposed-pdps-rigging-machine/

. The Tribunal chairman 'no send anybody ' He was frank and precise in his. judicial interpretation of laws and evidences.

rolams:
You should have noticed that the report was put up his view. He is explaining how he sees the judgement. I have read the judgement and I know what I am saying.

Share us the copies of the judgement if all the qoatations are not there. Our focus is on the judgement as quoted not his own opinion

pedel:
Sorry I initially assumed you are one of those people on Nairaland who can’t reason past their emotions.
The truth is I am pro APC but I won’t lose a minute sleep if they loose all the elections.
I never personally benefited from their being in power.
The APC government embezzled the money meant for the construction of the road leading to my house in Nigeria and signed that the road has been constructed. So screw them.
Back to the election matter:
How will INEC prove that they didn’t put the data in the BIVAS post the pendency of the suit filed by Oyetola?
Wether INEC is at fault or all the parties contributed to the over voting, one thing is constant: Section 51 of the Electoral Act 2022.
Once their is over voting the whole exercise shall be cancelled.
That’s exactly what the tribunal just established.
Both the PDP and INEC lawyers agreed that there was over voting in those polling units.

INEC had the custody of the BIVAS machine and they can not proof that they didn’t update it after the fact.

They shot themselves in the feet by the original BIVAS result they issued to the APC and Oyetola. It was a legally binding document and they can’t invalidate their own document.

The thing that should worry every reasonable Nigerian is if this same over voting should be allowed to happen in 13 states during the presidential election, it means we there shall be a rerun of the presidential election.

The INEC officers and the adhoc staff in charge of Osun election should be prosecuted and jailed.
This will ensure that our elections are credible.

Remember, BIVAS introduced in EA 2022 is to prevent the server issue Atiku and the PDP were planning to exploit in 2019.

It doesn’t matter how many votes recorded in the EC8, the vote cast must not exceed the number of voters accredited by BIVAS.

The BIVAS is the game changer.

. There is no need of examining the machines through a technicians. The reports of the. BVAS are enough. INEC assured the voters in Osun that everything was set for the election.Checking the machines at the TB is illogical.

pedel:
Sorry I initially assumed you are one of those people on Nairaland who can’t reason past their emotions.
The truth is I am pro APC but I won’t lose a minute sleep if they loose all the elections.
I never personally benefited from their being in power.
The APC government embezzled the money meant for the construction of the road leading to my house in Nigeria and signed that the road has been constructed. So screw them.
Back to the election matter:
How will INEC prove that they didn’t put the data in the BIVAS post the pendency of the suit filed by Oyetola?
Wether INEC is at fault or all the parties contributed to the over voting, one thing is constant: Section 51 of the Electoral Act 2022.
Once their is over voting the whole exercise shall be cancelled.
That’s exactly what the tribunal just established.
Both the PDP and INEC lawyers agreed that there was over voting in those polling units.

INEC had the custody of the BIVAS machine and they can not proof that they didn’t update it after the fact.

They shot themselves in the feet by the original BIVAS result they issued to the APC and Oyetola. It was a legally binding document and they can’t invalidate their own document.

The thing that should worry every reasonable Nigerian is if this same over voting should be allowed to happen in 13 states during the presidential election, it means we there shall be a rerun of the presidential election.

The INEC officers and the adhoc staff in charge of Osun election should be prosecuted and jailed.
This will ensure that our elections are credible.

Remember, BIVAS introduced in EA 2022 is to prevent the server issue Atiku and the PDP were planning to exploit in 2019.

It doesn’t matter how many votes recorded in the EC8, the vote cast must not exceed the number of voters accredited by BIVAS.

The BIVAS is the game changer.

Read below and see that the INEC has the right to cancel and return winner without a rerun in cases of overvoting.

rolams:
Hmmmm! Somebody is expressing his view on the judgement and you are quoting him again. Why not from direct speech?

. Did you not see his quotations from the judgement?

rolams:
Very wrong!

I heard you sir!

rolams:
You are giving a reported speech here. Don't you get what I am saying?

From a report you have a reported speech!

Ckonnet:
Inec as a matter of urgency should deal with the officials that tampered with the bva if they are culpable. They are the idiots giving the politicians hope of rigging the election.

Is there any justification for the issuance of 3or 2 different BVAS reports? INEC did not do well at all

rolams:
This is not the judgement. It is a reproduced version.

. Show us the majority judgement if it is different!

Ckonnet:
Inec as a matter of urgency should deal with the officials that tampered with the bva if they are culpable. They are the idiots giving the politicians hope of rigging the election.

Will INEC take the steps? AO 1 A,0 11 and others recruited staff including corpoer are easily influenced by politicians to rig elections.

rolams:
We are having two conflicting reports here, the best option is to examine the machine through which the data was gotten from.

Achebe’s Eneke the bird appears in Osun election tribunal judgement
Chinua Achebe's proverbial bird made a rare appearance in court on Friday
ByAbdulqudus Ogundapo January 28, 2023 Reading Time: 3 mins read

Eneke the bird made a rare apprarance in court on Friday as the Osun State Governorship Election Petition Tribunal cited the proverbial bird in its judgement.

Eneke is a proverbial bird to which an unforgettable line on survival was attributed in Mr Achebe’s classic novel, Things Fall Apart.

In the majority judgement, read by its chairman, Terste Kume, the tribunal said former Governor Gboyega Oyetola of the All Progressives Congress (APC) won the election and not Governor Ademola Adeleke of the PDP, who was returned by INEC.

Mr Kume accused INEC officials of tampering with the Bimodal Voter Accreditation System (BVAS) machines to compromise the election in favour of Mr Adeleke.

“The said conduct of the officials of the 1st Respondent, as shown in this judgement, makes the proactive decision of Eneke, the bird in the Novel, Things Fall Apart, 1958 by Chinua Achebe very instructive. In the said novel appears these words; “Men have learnt to shoot without missing, she has learnt to fly without perching.”

Mr Achebe used the quote by the proverbial bird to illustrate how people were adapting to changes in the society in colonial time Igbo land in now South-east Nigeria.


The tribunal chairman said electoral officials manipulated the BVAS machines but did not cover their tracks.

Manipulation
Mr Kume faulted the synchronisation of the BVAS machines after the election, which INEC had cited as explanation for producing two contradictory sets of data on accredited voters.



The INEC counsel, Paul Ananaba, had during cross-examination argued that the election results in possession of the petitioners were incomplete because it was issued to them before the BVAS machines were synchronised.

The INEC counsel said the petitioners had therefore challenged the outcome of the election with incomplete data.


But the tribunal chairman insisted that the results of the election were still not accurate after the said synchronisation of the BVAS machines.

“We have looked, and evaluated the evidence of the parties as shown in the exhibits before this Tribunal. The contents of the exhibits are clear as day. The said evidence is not from the fertile and creative imagination of learned counsel for the Petitioners, as erroneously submitted by learned counsel for the Respondents in their respective reply addresses on points of law to the issues under consideration,” he said.



“The ‘synchronisation’ of the documents made by the 1st Respondent, and the physical inspection of same done by the 2nd and 3rd Respondents, as shown in the table herein before reproduced, run riot to the defences raised by each of the Respondents to this petition in respect of issues 2 and 3 under consideration,” he added.

“The said ‘synchronisation’, rather than rhyme with each other are inconsistent and contradictory. The said exhibits tendered by the Respondents have not rebutted the presumption of regularity in favour of exhibit BVR and the other documents tendered by the Petitioners in this petition,

“In other words, the defences of the Respondents are plagued with fundamental mortal flaws highly irreconcilable and unreliable, incapable of defeating the credible evidence tendered by the Petitioners in respect of the 744 Polling Units were over-voting has been established.”



The Tribunal chairman maintained that evidence before the panel showed that the governorship election was not conducted in compliance with the provision of the Electoral Act.

“The inference, we hereby draw from the facts established by the evidence on record is that, the election conducted on the 16th day of July, 2022 was done in substantial non-compliance with the provisions of the Electoral Act (Supra), and the extant regulations made thereunder,” he noted.


“Moreover, exhibit BVR has not been withdrawn by the 1st Respondent who made and issued it. The Petitioners relied on exhibit BVR in maintaining this petition. The Respondents are hereby stopped from acting inconsistent with the import and tenor of exhibit BVR. See Section 169 of the Evidence Act (Supra). See also Thaddeus v. Atule (2022) LPELR-57539 (CA) 1 at 57-59, paras, F-A; Agboguuleri v. Depo & Ors (2008) LPELR-243 (SC) 1 at 17-18, paras, C-C; AG. Rivers State v. A.G Akwa Ibom State & Anor (2011) LPELR-633 (SC) 1 at 21-22 paras F-A and Mabamije v. Otto (2016) LPELR-26058 (SC) 1 at 15-16 paras C-B,” he cited.

“Similarly, the exhibits tendered by the Respondents after exhibit BVR, as rightly submitted by learned counsel for the Petitioners were thought of after the declaration of result on the 17th day of July, 2022. See Agbonifo v. Aiwereoba (Supra); Lawal v. State (2010) LPELR-46221 (CA) 1 at 23 paras B-C; PDP & Anor v. Aminu & Anor (2019) LPELR-47330 (CA) 1 at 34-35 paras C-D and Agbo v. State (2006) LPELR-242 (SC) 1 at 43-44 paras G-B,”

“The said conduct of the Respondents, especially, the 1st Respondent amounts to tampering with official records. See Agbonifo v. Aiwereoba (Supra) at 20 – 21 paras F-A, per Nnaemeka-Agu (JSC) of blessed memory,”

“The conduct of the 1st Respondent in the said election under consideration has produced multiple accreditation reports contrary to its avowed declaration to conduct free, fair and credible elections on the basis of one man or woman with one vote.”

|

|
Tribunal chairman mocks Adeleke for dancing “Buga”
"The 2nd Respondent cannot "go lo lo lo lo" and "Buga won" as the duly elected Governor of Osun State in the election conducted on 16h day of July 2022

[quote author=rolams post=120481406]We are having two conflicting reports here, the best option is to examine the machine through which the data was gotten from.[/quote.] Read the below parts of the judgment:

Achebe’s Eneke the bird appears in Osun election tribunal judgement
Chinua Achebe's proverbial bird made a rare appearance in court on Friday
ByAbdulqudus Ogundapo January 28, 2023 Reading Time: 3 mins read

Eneke the bird made a rare apprarance in court on Friday as the Osun State Governorship Election Petition Tribunal cited the proverbial bird in its judgement.

Eneke is a proverbial bird to which an unforgettable line on survival was attributed in Mr Achebe’s classic novel, Things Fall Apart.

In the majority judgement, read by its chairman, Terste Kume, the tribunal said former Governor Gboyega Oyetola of the All Progressives Congress (APC) won the election and not Governor Ademola Adeleke of the PDP, who was returned by INEC.

Mr Kume accused INEC officials of tampering with the Bimodal Voter Accreditation System (BVAS) machines to compromise the election in favour of Mr Adeleke.

“The said conduct of the officials of the 1st Respondent, as shown in this judgement, makes the proactive decision of Eneke, the bird in the Novel, Things Fall Apart, 1958 by Chinua Achebe very instructive. In the said novel appears these words; “Men have learnt to shoot without missing, she has learnt to fly without perching.”

Mr Achebe used the quote by the proverbial bird to illustrate how people were adapting to changes in the society in colonial time Igbo land in now South-east Nigeria.


The tribunal chairman said electoral officials manipulated the BVAS machines but did not cover their tracks.

Manipulation
Mr Kume faulted the synchronisation of the BVAS machines after the election, which INEC had cited as explanation for producing two contradictory sets of data on accredited voters.



The INEC counsel, Paul Ananaba, had during cross-examination argued that the election results in possession of the petitioners were incomplete because it was issued to them before the BVAS machines were synchronised.

The INEC counsel said the petitioners had therefore challenged the outcome of the election with incomplete data.


But the tribunal chairman insisted that the results of the election were still not accurate after the said synchronisation of the BVAS machines.

“We have looked, and evaluated the evidence of the parties as shown in the exhibits before this Tribunal. The contents of the exhibits are clear as day. The said evidence is not from the fertile and creative imagination of learned counsel for the Petitioners, as erroneously submitted by learned counsel for the Respondents in their respective reply addresses on points of law to the issues under consideration,” he said.



“The ‘synchronisation’ of the documents made by the 1st Respondent, and the physical inspection of same done by the 2nd and 3rd Respondents, as shown in the table herein before reproduced, run riot to the defences raised by each of the Respondents to this petition in respect of issues 2 and 3 under consideration,” he added.

“The said ‘synchronisation’, rather than rhyme with each other are inconsistent and contradictory. The said exhibits tendered by the Respondents have not rebutted the presumption of regularity in favour of exhibit BVR and the other documents tendered by the Petitioners in this petition,

“In other words, the defences of the Respondents are plagued with fundamental mortal flaws highly irreconcilable and unreliable, incapable of defeating the credible evidence tendered by the Petitioners in respect of the 744 Polling Units were over-voting has been established.”



The Tribunal chairman maintained that evidence before the panel showed that the governorship election was not conducted in compliance with the provision of the Electoral Act.

“The inference, we hereby draw from the facts established by the evidence on record is that, the election conducted on the 16th day of July, 2022 was done in substantial non-compliance with the provisions of the Electoral Act (Supra), and the extant regulations made thereunder,” he noted.


“Moreover, exhibit BVR has not been withdrawn by the 1st Respondent who made and issued it. The Petitioners relied on exhibit BVR in maintaining this petition. The Respondents are hereby stopped from acting inconsistent with the import and tenor of exhibit BVR. See Section 169 of the Evidence Act (Supra). See also Thaddeus v. Atule (2022) LPELR-57539 (CA) 1 at 57-59, paras, F-A; Agboguuleri v. Depo & Ors (2008) LPELR-243 (SC) 1 at 17-18, paras, C-C; AG. Rivers State v. A.G Akwa Ibom State & Anor (2011) LPELR-633 (SC) 1 at 21-22 paras F-A and Mabamije v. Otto (2016) LPELR-26058 (SC) 1 at 15-16 paras C-B,” he cited.

“Similarly, the exhibits tendered by the Respondents after exhibit BVR, as rightly submitted by learned counsel for the Petitioners were thought of after the declaration of result on the 17th day of July, 2022. See Agbonifo v. Aiwereoba (Supra); Lawal v. State (2010) LPELR-46221 (CA) 1 at 23 paras B-C; PDP & Anor v. Aminu & Anor (2019) LPELR-47330 (CA) 1 at 34-35 paras C-D and Agbo v. State (2006) LPELR-242 (SC) 1 at 43-44 paras G-B,”

“The said conduct of the Respondents, especially, the 1st Respondent amounts to tampering with official records. See Agbonifo v. Aiwereoba (Supra) at 20 – 21 paras F-A, per Nnaemeka-Agu (JSC) of blessed memory,”

“The conduct of the 1st Respondent in the said election under consideration has produced multiple accreditation reports contrary to its avowed declaration to conduct free, fair and credible elections on the basis of one man or woman with one vote.”

|

|
Tribunal chairman mocks Adeleke for dancing “Buga”
"The 2nd Respondent cannot "go lo lo lo lo" and "Buga won" as the duly elected Governor of Osun State in the election conducted on 16h day of July 2022

rolams:
We are having two conflicting reports here, the best option is to examine the machine through which the data was gotten from.

Yiur opinion isresoected .I however disagreed that secondary evidence was used in the judgement. Where did the TB genereate the secondary evidence ? The primary evidence: BVAS reports and EC8 form. The petitioner alleged that there wasoverting in the last election..He aproached INEC to access the BVAS reports and EC8 forms. He found out that there was overvoting in 744 poking units . He claimed that accreditation nos on EC8 forms do not tally with the the BVAS reports.This a case of overvoting n the new electoral laws of 2022. Months later PDP went to INEC for similar reports. The reports given to PDP also contained errors.INEC lawyer Anababa agreed before the TB that errors exist in 1500 poking units. If you want to decide on this matter ,will yiu say the BVAS should be checked ? Is that what is in the electoral laws? Why is that other resukts tally with EC8 but 744 poling units did not tally? In my opinion primary evidence is the basis of the judgment and it is in order

duro4chang:
Na wa oo. But we have some analysts and lawyers saying another thing entirely. They are just emotional.

The INEC reserves the right to cancel results and return the winner.

rolams:
BVAS machines used at the said polling units, Result sheet and voters register.

What is the secondary evidence used as the basis of the judgment?

fergie001:
Let me puncture a few things.

The Third Schedule of the 1999 CFRN empowers INEC to issue guidelines for the election. The SC has affirmed that yes INEC do have that right provided it doesn't controvert the Electoral Act itself. There is a reason you use voter's register for accreditation so INEC needs a system that is foolproof, that's why INEC is using both for the election. I do admit that the Electoral Act places pre-eminence on the Technological Device but doesn't throw away the voters register. (Look at INEC's guidelines in the screenshot below)

What is over-voting? This is when the number of votes exceeds the no of persons accredited to vote.

Like I told you in Okereke v Umahi, Peterside v Wike & Oti v Ikpeazu; at the time the Electoral Act was for voter's register whilst the INEC guidelines was for SCRs. The SC supported the SCRs but said anything you are doing without the Voters Register is null.

In same likewise manner, Voter's Register has not been killed. In the new EA 2022, the SCR is now on the Act whilst Voters Register is now in the guidelines.

It is best to know that your accreditation on Feb 25 will be with both BVAS and Voters Register. (since this has been established)


I will attack others later

. In my opinion BVAS is a back up and a checkmate on accreditation. If Voters registered is tampered with , BVAS reports will reveal it.No wonder the electoral laws place emphasis on the confirmation of accreditation through BVAS but I agree that this does not rule out if the use of Voters register completely at the poling units.So in case of accreditation issue BVAS reports suffice without deception or manipulation of record

duro4chang:
It means no rerun then.

. Section 54 of the electoral laws does not give room for any rerun if there is a case of overvoting.All the resukts must be cancelled .The results left will determine the winner. How do you determine overvoting? Section. 24 says BVAS reports should be used not Voters register.If population of voters on EC8 does not tally with popoluatio.on BVAS report there is an overvoting ,then all the results must be cancelled.

blamingthedevil:
Osun Appeal by Respondents will Fail - Sam Amadi



https://twitter.com/SamAmadi/status/1619250207669260289

. I agree with you.Gir the avoidance of doubt I hereby represent some part of the judgement for our perusal as culled from the Premium Tmes:.


Eneke the bird made a rare apprarance in court on Friday as the Osun State Governorship Election Petition Tribunal cited the proverbial bird in its judgement.

Eneke is a proverbial bird to which an unforgettable line on survival was attributed in Mr Achebe’s classic novel, Things Fall Apart.

In the majority judgement, read by its chairman, Terste Kume, the tribunal said former Governor Gboyega Oyetola of the All Progressives Congress (APC) won the election and not Governor Ademola Adeleke of the PDP, who was returned by INEC.

Mr Kume accused INEC officials of tampering with the Bimodal Voter Accreditation System (BVAS) machines to compromise the election in favour of Mr Adeleke.

“The said conduct of the officials of the 1st Respondent, as shown in this judgement, makes the proactive decision of Eneke, the bird in the Novel, Things Fall Apart, 1958 by Chinua Achebe very instructive. In the said novel appears these words; “Men have learnt to shoot without missing, she has learnt to fly without perching.”

Mr Achebe used the quote by the proverbial bird to illustrate how people were adapting to changes in the society in colonial time Igbo land in now South-east Nigeria.


The tribunal chairman said electoral officials manipulated the BVAS machines but did not cover their tracks.

Manipulation
Mr Kume faulted the synchronisation of the BVAS machines after the election, which INEC had cited as explanation for producing two contradictory sets of data on accredited voters.



The INEC counsel, Paul Ananaba, had during cross-examination argued that the election results in possession of the petitioners were incomplete because it was issued to them before the BVAS machines were synchronised.

The INEC counsel said the petitioners had therefore challenged the outcome of the election with incomplete data.


But the tribunal chairman insisted that the results of the election were still not accurate after the said synchronisation of the BVAS machines.

“We have looked, and evaluated the evidence of the parties as shown in the exhibits before this Tribunal. The contents of the exhibits are clear as day. The said evidence is not from the fertile and creative imagination of learned counsel for the Petitioners, as erroneously submitted by learned counsel for the Respondents in their respective reply addresses on points of law to the issues under consideration,” he said.



“The ‘synchronisation’ of the documents made by the 1st Respondent, and the physical inspection of same done by the 2nd and 3rd Respondents, as shown in the table herein before reproduced, run riot to the defences raised by each of the Respondents to this petition in respect of issues 2 and 3 under consideration,” he added.

“The said ‘synchronisation’, rather than rhyme with each other are inconsistent and contradictory. The said exhibits tendered by the Respondents have not rebutted the presumption of regularity in favour of exhibit BVR and the other documents tendered by the Petitioners in this petition,

“In other words, the defences of the Respondents are plagued with fundamental mortal flaws highly irreconcilable and unreliable, incapable of defeating the credible evidence tendered by the Petitioners in respect of the 744 Polling Units were over-voting has been established.”



The Tribunal chairman maintained that evidence before the panel showed that the governorship election was not conducted in compliance with the provision of the Electoral Act.

“The inference, we hereby draw from the facts established by the evidence on record is that, the election conducted on the 16th day of July, 2022 was done in substantial non-compliance with the provisions of the Electoral Act (Supra), and the extant regulations made thereunder,” he noted.


“Moreover, exhibit BVR has not been withdrawn by the 1st Respondent who made and issued it. The Petitioners relied on exhibit BVR in maintaining this petition. The Respondents are hereby stopped from acting inconsistent with the import and tenor of exhibit BVR. See Section 169 of the Evidence Act (Supra). See also Thaddeus v. Atule (2022) LPELR-57539 (CA) 1 at 57-59, paras, F-A; Agboguuleri v. Depo & Ors (2008) LPELR-243 (SC) 1 at 17-18, paras, C-C; AG. Rivers State v. A.G Akwa Ibom State & Anor (2011) LPELR-633 (SC) 1 at 21-22 paras F-A and Mabamije v. Otto (2016) LPELR-26058 (SC) 1 at 15-16 paras C-B,” he cited.

“Similarly, the exhibits tendered by the Respondents after exhibit BVR, as rightly submitted by learned counsel for the Petitioners were thought of after the declaration of result on the 17th day of July, 2022. See Agbonifo v. Aiwereoba (Supra); Lawal v. State (2010) LPELR-46221 (CA) 1 at 23 paras B-C; PDP & Anor v. Aminu & Anor (2019) LPELR-47330 (CA) 1 at 34-35 paras C-D and Agbo v. State (2006) LPELR-242 (SC) 1 at 43-44 paras G-B,”

“The said conduct of the Respondents, especially, the 1st Respondent amounts to tampering with official records. See Agbonifo v. Aiwereoba (Supra) at 20 – 21 paras F-A, per Nnaemeka-Agu (JSC) of blessed memory,”

“The conduct of the 1st Respondent in the said election under consideration has produced multiple accreditation reports contrary to its avowed declaration to conduct free, fair and credible elections on the basis of one man or woman with one vote.”

|

|
Tribunal chairman mocks Adeleke for dancing “Buga”
"The 2nd Respondent cannot "go lo lo lo lo" and "Buga won" as the duly elected Governor of Osun State in the election conducted on 16h day of July 2022

rolams:
This one no know watin him dey talk. How can a judgement which rejected the primary evidence to accept the secondary evidence that was not on the polling unit stand?

What is the primary evidence?

fergie001:
They all will appeal but this your bolded is very funny.

. I am very convinced that it will be a waste of time for PDP and Adeleke. Will the ACreject CTC of the election results and BVAS reports generated immidiately the election was over and accept results and BVAS reports doctored, tampered with and generated many weeks after the elections? Will Anaba INEC lawyer say now that his written submission does not entail his acknowledgement that there were even irregularities and overvoting in 1539 polling units in the Osun Election? Will the AC court say section 54 of the electioral law does not apply again? Will AC court say Section 24 of the electoral laws which says only BVAS not Voter Register is needed to prove overvoting is not applicable again? The minority judgement will be set aside and the majority judgement will be sustained at the AC .

Johnnyessence:
garfield1, Senatordave1, ejimatic, hear me well, the federal high court judgement will be vacated and the appeal court of justice will affirmed the victories of pastor eno as the validity Pdp governorship candidate of Akwa Ibom State

How sure vare you that it will be vacated

fergie001:
They all will appeal but this your bolded is very funny.

. I am wondering the ground for appeal Adeleke will use in court. APC will appeal the minority judgement too.

quickberry:
Cc garfield1 fergie001 ejimatic

. Yes he
can appeal .It is his right to do so. However the basis for the appeal is just an academic exercise. PDP will appeal too.I doubt it if INEC will appeal. It was INEC that poorly handled Osun election and the decision to declare Oyetola as the winner is not known to many uneducated Osun voters!

Gboyega Oyetola and Ademola Adeleke
Gboyega Ademola Adeleke and former governor Oyetola

Achebe’s Eneke the bird appears in Osun election tribunal judgement
Chinua Achebe's proverbial bird made a rare appearance in court on Friday
ByAbdulqudus Ogundapo January 28, 2023 Reading Time: 3 mins read

Eneke the bird made a rare apprarance in court on Friday as the Osun State Governorship Election Petition Tribunal cited the proverbial bird in its judgement.

Eneke is a proverbial bird to which an unforgettable line on survival was attributed in Mr Achebe’s classic novel, Things Fall Apart.

In the majority judgement, read by its chairman, Terste Kume, the tribunal said former Governor Gboyega Oyetola of the All Progressives Congress (APC) won the election and not Governor Ademola Adeleke of the PDP, who was returned by INEC.

Mr Kume accused INEC officials of tampering with the Bimodal Voter Accreditation System (BVAS) machines to compromise the election in favour of Mr Adeleke.

“The said conduct of the officials of the 1st Respondent, as shown in this judgement, makes the proactive decision of Eneke, the bird in the Novel, Things Fall Apart, 1958 by Chinua Achebe very instructive. In the said novel appears these words; “Men have learnt to shoot without missing, she has learnt to fly without perching.”

Mr Achebe used the quote by the proverbial bird to illustrate how people were adapting to changes in the society in colonial time Igbo land in now South-east Nigeria.


The tribunal chairman said electoral officials manipulated the BVAS machines but did not cover their tracks.

Manipulation
Mr Kume faulted the synchronisation of the BVAS machines after the election, which INEC had cited as explanation for producing two contradictory sets of data on accredited voters.



The INEC counsel, Paul Ananaba, had during cross-examination argued that the election results in possession of the petitioners were incomplete because it was issued to them before the BVAS machines were synchronised.

The INEC counsel said the petitioners had therefore challenged the outcome of the election with incomplete data.


But the tribunal chairman insisted that the results of the election were still not accurate after the said synchronisation of the BVAS machines.

“We have looked, and evaluated the evidence of the parties as shown in the exhibits before this Tribunal. The contents of the exhibits are clear as day. The said evidence is not from the fertile and creative imagination of learned counsel for the Petitioners, as erroneously submitted by learned counsel for the Respondents in their respective reply addresses on points of law to the issues under consideration,” he said.



“The ‘synchronisation’ of the documents made by the 1st Respondent, and the physical inspection of same done by the 2nd and 3rd Respondents, as shown in the table herein before reproduced, run riot to the defences raised by each of the Respondents to this petition in respect of issues 2 and 3 under consideration,” he added.

“The said ‘synchronisation’, rather than rhyme with each other are inconsistent and contradictory. The said exhibits tendered by the Respondents have not rebutted the presumption of regularity in favour of exhibit BVR and the other documents tendered by the Petitioners in this petition,

“In other words, the defences of the Respondents are plagued with fundamental mortal flaws highly irreconcilable and unreliable, incapable of defeating the credible evidence tendered by the Petitioners in respect of the 744 Polling Units were over-voting has been established.”



The Tribunal chairman maintained that evidence before the panel showed that the governorship election was not conducted in compliance with the provision of the Electoral Act.

“The inference, we hereby draw from the facts established by the evidence on record is that, the election conducted on the 16th day of July, 2022 was done in substantial non-compliance with the provisions of the Electoral Act (Supra), and the extant regulations made thereunder,” he noted.


“Moreover, exhibit BVR has not been withdrawn by the 1st Respondent who made and issued it. The Petitioners relied on exhibit BVR in maintaining this petition. The Respondents are hereby stopped from acting inconsistent with the import and tenor of exhibit BVR. See Section 169 of the Evidence Act (Supra). See also Thaddeus v. Atule (2022) LPELR-57539 (CA) 1 at 57-59, paras, F-A; Agboguuleri v. Depo & Ors (2008) LPELR-243 (SC) 1 at 17-18, paras, C-C; AG. Rivers State v. A.G Akwa Ibom State & Anor (2011) LPELR-633 (SC) 1 at 21-22 paras F-A and Mabamije v. Otto (2016) LPELR-26058 (SC) 1 at 15-16 paras C-B,” he cited.

“Similarly, the exhibits tendered by the Respondents after exhibit BVR, as rightly submitted by learned counsel for the Petitioners were thought of after the declaration of result on the 17th day of July, 2022. See Agbonifo v. Aiwereoba (Supra); Lawal v. State (2010) LPELR-46221 (CA) 1 at 23 paras B-C; PDP & Anor v. Aminu & Anor (2019) LPELR-47330 (CA) 1 at 34-35 paras C-D and Agbo v. State (2006) LPELR-242 (SC) 1 at 43-44 paras G-B,”

“The said conduct of the Respondents, especially, the 1st Respondent amounts to tampering with official records. See Agbonifo v. Aiwereoba (Supra) at 20 – 21 paras F-A, per Nnaemeka-Agu (JSC) of blessed memory,”

“The conduct of the 1st Respondent in the said election under consideration has produced multiple accreditation reports contrary to its avowed declaration to conduct free, fair and credible elections on the basis of one man or woman with one vote.”

|

|
Tribunal chairman mocks Adeleke for dancing “Buga”
"The 2nd Respondent cannot "go lo lo lo lo" and "Buga won" as the duly elected Governor of Osun State in the election conducted on 16h day of July 2022

Gboyega Oyetola and Ademola Adeleke
Gboyega Ademola Adeleke and former governor Oyetola

Achebe’s Eneke the bird appears in Osun election tribunal judgement
Chinua Achebe's proverbial bird made a rare appearance in court on Friday
ByAbdulqudus Ogundapo January 28, 2023 Reading Time: 3 mins read

Eneke the bird made a rare apprarance in court on Friday as the Osun State Governorship Election Petition Tribunal cited the proverbial bird in its judgement.

Eneke is a proverbial bird to which an unforgettable line on survival was attributed in Mr Achebe’s classic novel, Things Fall Apart.

In the majority judgement, read by its chairman, Terste Kume, the tribunal said former Governor Gboyega Oyetola of the All Progressives Congress (APC) won the election and not Governor Ademola Adeleke of the PDP, who was returned by INEC.

Mr Kume accused INEC officials of tampering with the Bimodal Voter Accreditation System (BVAS) machines to compromise the election in favour of Mr Adeleke.

“The said conduct of the officials of the 1st Respondent, as shown in this judgement, makes the proactive decision of Eneke, the bird in the Novel, Things Fall Apart, 1958 by Chinua Achebe very instructive. In the said novel appears these words; “Men have learnt to shoot without missing, she has learnt to fly without perching.”

Mr Achebe used the quote by the proverbial bird to illustrate how people were adapting to changes in the society in colonial time Igbo land in now South-east Nigeria.


The tribunal chairman said electoral officials manipulated the BVAS machines but did not cover their tracks.

Manipulation
Mr Kume faulted the synchronisation of the BVAS machines after the election, which INEC had cited as explanation for producing two contradictory sets of data on accredited voters.



The INEC counsel, Paul Ananaba, had during cross-examination argued that the election results in possession of the petitioners were incomplete because it was issued to them before the BVAS machines were synchronised.

The INEC counsel said the petitioners had therefore challenged the outcome of the election with incomplete data.


But the tribunal chairman insisted that the results of the election were still not accurate after the said synchronisation of the BVAS machines.

“We have looked, and evaluated the evidence of the parties as shown in the exhibits before this Tribunal. The contents of the exhibits are clear as day. The said evidence is not from the fertile and creative imagination of learned counsel for the Petitioners, as erroneously submitted by learned counsel for the Respondents in their respective reply addresses on points of law to the issues under consideration,” he said.



“The ‘synchronisation’ of the documents made by the 1st Respondent, and the physical inspection of same done by the 2nd and 3rd Respondents, as shown in the table herein before reproduced, run riot to the defences raised by each of the Respondents to this petition in respect of issues 2 and 3 under consideration,” he added.

“The said ‘synchronisation’, rather than rhyme with each other are inconsistent and contradictory. The said exhibits tendered by the Respondents have not rebutted the presumption of regularity in favour of exhibit BVR and the other documents tendered by the Petitioners in this petition,

“In other words, the defences of the Respondents are plagued with fundamental mortal flaws highly irreconcilable and unreliable, incapable of defeating the credible evidence tendered by the Petitioners in respect of the 744 Polling Units were over-voting has been established.”



The Tribunal chairman maintained that evidence before the panel showed that the governorship election was not conducted in compliance with the provision of the Electoral Act.

“The inference, we hereby draw from the facts established by the evidence on record is that, the election conducted on the 16th day of July, 2022 was done in substantial non-compliance with the provisions of the Electoral Act (Supra), and the extant regulations made thereunder,” he noted.


“Moreover, exhibit BVR has not been withdrawn by the 1st Respondent who made and issued it. The Petitioners relied on exhibit BVR in maintaining this petition. The Respondents are hereby stopped from acting inconsistent with the import and tenor of exhibit BVR. See Section 169 of the Evidence Act (Supra). See also Thaddeus v. Atule (2022) LPELR-57539 (CA) 1 at 57-59, paras, F-A; Agboguuleri v. Depo & Ors (2008) LPELR-243 (SC) 1 at 17-18, paras, C-C; AG. Rivers State v. A.G Akwa Ibom State & Anor (2011) LPELR-633 (SC) 1 at 21-22 paras F-A and Mabamije v. Otto (2016) LPELR-26058 (SC) 1 at 15-16 paras C-B,” he cited.

“Similarly, the exhibits tendered by the Respondents after exhibit BVR, as rightly submitted by learned counsel for the Petitioners were thought of after the declaration of result on the 17th day of July, 2022. See Agbonifo v. Aiwereoba (Supra); Lawal v. State (2010) LPELR-46221 (CA) 1 at 23 paras B-C; PDP & Anor v. Aminu & Anor (2019) LPELR-47330 (CA) 1 at 34-35 paras C-D and Agbo v. State (2006) LPELR-242 (SC) 1 at 43-44 paras G-B,”

“The said conduct of the Respondents, especially, the 1st Respondent amounts to tampering with official records. See Agbonifo v. Aiwereoba (Supra) at 20 – 21 paras F-A, per Nnaemeka-Agu (JSC) of blessed memory,”

“The conduct of the 1st Respondent in the said election under consideration has produced multiple accreditation reports contrary to its avowed declaration to conduct free, fair and credible elections on the basis of one man or woman with one vote.”

|

|
Tribunal chairman mocks Adeleke for dancing “Buga”
"The 2nd Respondent cannot "go lo lo lo lo" and "Buga won" as the duly elected Governor of Osun State in the election conducted on 16h day of July 2022

MITCHELL96:
Still uploading.

. I am delighted that Our notes in Nigeria are the most beautiful notes in Africa!

sunky97:

https://www.youtube.com/watch?v=4_TtZL7i-pA

This was how Emir of Bauchi addressed Peter Obi As Alhaji Dr. Peter Obi, the incoming president when he paid him a visit in Bauchi.

Won n tan Obi ,Obi n tan Abila! They are deceving Obi ,Obi is deceiving himself

tinsel:
Below is part of the judgement where the tribunal admitted forgery of his certificate the defendant.

. The TB agreed that forgery was established but decided that Adeleke could still contest based on the other certificates he had.Are the other certificates and tendered by the bodies that issued them? Why is the TB silent on the forgery? Questions like this will among the issues to be discussed at the AC

Penguin2:
Thank you!

Ejimatic this is the answer to your last question.

There’s no need typing an answer to you since someone already summarized it for me.

. Everybody 's opinion right or wrong is respected. However the way cancelation is carried out on election matters is different from classroom Mathematics. Section 54 of the Constitution says votes cast in polling booths where overvoting is established must be cancelled completely . To illustrate Osogbo Ward 1 has 16 polling units.In poling unit Number 001 , Form EC8 shows 300 were accredited but the BVAS report says 120 were accredited. This mean 180 voted without accreditation and 180 was overvoting figure. The law says the entire result in Poling unit 001 must be cancelled. This will not affect other poling units in Osogbo Ward 1 . This is the case Oyetola and APC presented. The results TB declared were the overall results after all the results in the contested 744 poling units have been cancelled. Neither APC nor PDP has a legal vote counted for them in the affected Poling unit again.

9jahotblog:
NEWS RELEASE
27/01/2023

Osun Judgement: Governor Adeleke Addresses Osun People, Says Claim of Over-Voting Unfounded

••••Writes INEC over Appeal against Judgement

The Executive Governor of Osun State, Governor Ademola Adeleke has addressed the people of Osun state, restating his rejection of the Tribunal judgement and affirming his appeal to higher court.

In an address to the people of the state, Governor Adeleke observed the discrepancies in the judgement of the Tribunal Chairman, describing the outcome as "miscarriage of justice.

"My good people of Osun state, we have all heard the split judgement of the governorship election tribunal. Two members of the Tribunal delivered two opposing judgements, the Chairman and the member one. The member 2, did not deliver any judgment, she abstained.

"The Chairman's judgment affirmed the claim of over-voting, while the Member One's judgment agreed with our position as captured by the BVAS machines which is the primary source of accreditation data of true accreditation on the day of the Election.
"The reality of my election as the Governor of Osun State is captured in the member one's judgement. The claim of over-voting in the Chairman's judgment was unfounded.This was clearly a miscarriage of Justice. Based on the above, there was no majority judgment.

"My good people of Osun state, I am still your Governor. I have the right of appeal on the Chairman's judgement and I have instructed my Lawyers accordingly.

"You gave me your Mandate, our election remains valid and by the Grace of God we will triumph at last. I call on you all to remain calm and go about your normal activities, peacefully. Please Remain Law abiding.
"We have strong faith in God and in our judiciary", the State Governor concluded in his second state address.

Meanwhile, the counsels to the state governor have filed appeal against the Tribunal judgement.

The counsels have also written the electoral commission intimating it of the appeal and seeking non-implementation of the judgement until the determination of the Appeal.

Signed:
Mallam Olawale Rasheed,
Spokesperson to the Executive Governor

Going going GONE

nwekeugochukwu:
My Father, Ademola Adeleke Remains The Governor Of Osun State - Sina Rambo

Ademola Adeleke's son, Sina Rambo has stated that his father is still the governor of Osun State after the Tribunal court ruling on Friday January 27, IGBERETV reports.

Om Friday, the Osun Election Petitions Tribunal annulled the July 16 governorship election results and declared the former governor, Gboyega Oyetola, as the winner of the exercise.

Adeleke was declared winner of the governorship poll held back on July 16 under the Peoples Democratic Party (PDP).

In August 2022, Gboyega Oyetola, who ran for re-election petitioned the tribunal to challenge the victory of Adeleke, with the claims that there was overvoting in 749 polling units across 10 LGAs of the state.

Delivering judgment on Friday, Jan. 27, the tribunal held that the governorship election was characterized by over-voting, adding that after deducting the excessive votes, Oyetola’s figures rose to 314, 921, while Adeleke’s came down to 290, 266.

The tribunal led by Justice Terste Kume then ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Adeleke and his deputy, Kola Adewusi. It directed that the certificate of return be issued to Oyetola instead.

Reacting to the judgment, Sina Rambo said,



https://instagram.com/stories/sinarambo/3024941724440078924?utm_source=ig_story_item_share&igshid=MDJmNzVkMjY=

. Adeleke going going GONE

9jahotblog:
NEWS RELEASE
27/01/2023

Osun Judgement: Governor Adeleke Addresses Osun People, Says Claim of Over-Voting Unfounded

••••Writes INEC over Appeal against Judgement

The Executive Governor of Osun State, Governor Ademola Adeleke has addressed the people of Osun state, restating his rejection of the Tribunal judgement and affirming his appeal to higher court.

In an address to the people of the state, Governor Adeleke observed the discrepancies in the judgement of the Tribunal Chairman, describing the outcome as "miscarriage of justice.

"My good people of Osun state, we have all heard the split judgement of the governorship election tribunal. Two members of the Tribunal delivered two opposing judgements, the Chairman and the member one. The member 2, did not deliver any judgment, she abstained.

"The Chairman's judgment affirmed the claim of over-voting, while the Member One's judgment agreed with our position as captured by the BVAS machines which is the primary source of accreditation data of true accreditation on the day of the Election.
"The reality of my election as the Governor of Osun State is captured in the member one's judgement. The claim of over-voting in the Chairman's judgment was unfounded.This was clearly a miscarriage of Justice. Based on the above, there was no majority judgment.

"My good people of Osun state, I am still your Governor. I have the right of appeal on the Chairman's judgement and I have instructed my Lawyers accordingly.

"You gave me your Mandate, our election remains valid and by the Grace of God we will triumph at last. I call on you all to remain calm and go about your normal activities, peacefully. Please Remain Law abiding.
"We have strong faith in God and in our judiciary", the State Governor concluded in his second state address.

Meanwhile, the counsels to the state governor have filed appeal against the Tribunal judgement.

The counsels have also written the electoral commission intimating it of the appeal and seeking non-implementation of the judgement until the determination of the Appeal.

Signed:
Mallam Olawale Rasheed,
Spokesperson to the Executive Governor

. Unfounded to Adelekes
and Osun tatalongs but well established to those who understand the operation of the laws on electoral matters.