garfield1: The case of apc is hinged on two prayers,over voting and presentation of forged documents...
1) evidences before the courts showed that there were discrepancies in the accreditation data.inec gave two different bvas report to apc and pdp and both contained over voting.pdp even denied inec bvas reports at a point and agreed that there was over voting.even inec agreed there was over voting.but the question to what extent? Terms like synchronization of data are clearly illegal and alien to the electoral act.
2) on forgery,adeleke presented a testimonial which he claimed was issued in 1988 bearing osun state when osun was created in 1991.how come? Section 178 clearly states that a candidate will be disq once he presents a forged certificate.again,the apex court said it must not be any kind of forgery but must have been done in aid of his qulaification. That is without it,he wouldn't be qualified and it must be tied to the qualification criteria.it is clear that adeleke forged documents and lied on oath see seleiletimibi vs dide per galadima supra..
In summary,the first prayer is 50 50 but he will lose based on forgery.
Cc mynd44 Lalasticlala Muykem Adioolayi Adexxi Nplfmod Aiel123 Ejimatic Zoedew
. 1 Your analysis is appreciated.I have great interest in the judgement and as I have said before on this platform BVAS is on trial in Osun Tribunal. APC has certified results from INEC .PDP has another. The PDP statisticstian has another. One election different results! What a rape on our democracy! However APC claimed 744 poling units are affected ,PDP said it was 6 poling units INEC agreed there were overvoting cases even Anaba ,INEC lawyer, said in his written address that over voting was in 1576 polling units. The question is how can a person have cases of overvoting with BVAS? It is possible by having a result on EC8 forms very different from what is sent into the INEC portal. No wonder there discrepancies in most EC8 forms and the results sent online. In a case where BVAS reports are different from INEC online results what do we expect from the Tribunal? If INEC conducted election without syncronization of BVAS ,that means the Body was not ready for the election then. In fact the process of synchnisation is alien to our electioral laws. APC proved the case beyond any reasonable doubt as agreed by INEC. In my opinion it 80 for APC 20 for PDP. 2 . Forgery. : The onus lies on the PDP to prove the genuiness of the Adeleke's result by 1 Calling on WAEC to present the CTC of Adeleke results, and bringing the University he claimed he went to to study for confirmation of his result. Neither of this was done by PDP. The question is : Where did he get the certificate he attached to his form when he had F9 in all his subjects and accumulated years of study is alien to both Nigerian and foreign education.?In my opinion ,the ruling here will be 100% for APC and 0% for PDP.
Jones4190: northerners know when is there turn, this is not there turn is the turn of tinubu. emilokan
That is the truth many myopic Nigerians don't understand. We will see how another Hausa Fulani will take over after Buhari.They will tell us if the Hausas only have Nigeria.As for the IGBOS,no Hausa Man will hand over to an Igbo man without consultion.Reasons: IPOB ,ESAN and unknown gunmen!
Where did @PeterObi get the money he is sharing? Oooh it is contribution from internet fraudsters fighting to retain terrorist state called Nigeria. Look at them, sharing the money & someone didn’t pay them yet. Aru melu pic.twitter.com/jAEeRqGlTd
complete it now Obithief . Regardless of how you window dress Obi h is a thief too! Our Money is in the hand of all our politicians present or past. Among the three satans BAT is the best choice.
. Ayobo gutter breeds human skull? Why are people looking for wealth by all means? The failure of religion? Decay in our societal and moral values? May God protect us from the generation of Nigerians who are crazy about wealth - enhancing charms!
. By the time the results of the election are coming in ,it will be clear tha:. 1 Nobody knows Obinin the North. 2. No Hausa Man will hand over to an Igbo man.3 LP will be a stepping stone to APC victory 4. Hausa kingdom will not vote Obi who represents IPOB. etc before the North 5 There is a diference between campaing and election 6 It not yet time for Igbo presidency. 7 Igbo presidency is not a sudden movement.but a coordinated attempt that will include other regions in the South. 8 To the North Igbo presidency is a threat to the Northern kingdom. .....I come in peace !
. Of what interest is this case ASRID ? Is it a contestant in the APC primary or is a political party in Nigeria,? Is their Obedient lawyer not aware that AZRID lacks the locus standing in a case of this nature?
Where is the picture of the boy? Why did you not talk when he was a Commissioner? Why did you not talk when he was doing his first term as Governor? Why waiting till now to speak up?
. The DPP in Lagos State must have seen no reason to add manslaughter and homicide to the charge of murder levelled against the accused person. It is certain that they were there on that day to collect Christmas money from those that ply the road.The accused person is drunk so he could not think rightly.. Other evidences will still be presented in courts. It is disturbing that a person can be shot because the vehicle did not stop.He did not even shoot the tyres. A wicked man who has no respect for the human life.
Without any emotion the tone inTVC and Channels is still mild unlike that of Arise. However none of them is the best.In journalism balance and objectivity are watchwords
Scamburster: Why won't you think like that since you were born to hate anything Igbo.
Apology to IGBOS every where I am always precise without aversion to any tribe! Recently An APC man had interview with them at ARISE .The interview ended abruptly .They nearly fought on the air. You don't attack you guests .You must respect them and their opinions ,right or wrong.It is we that will decide on what to do.Compare Arise with Seun Okibaloye Politics Today at Channels TV.Are they the same? In journalism we must know how to frame question without cursing any secene on the air. If you dont angree with them on Arise TV they will abruptly end the interview. Is that journalism? Forget emotions whether you are Yoruba IGBOS or Hausa , journalism is not a movement or a fire brigade or boys scout presentation. It is a dignified proffesion which must be practiced in a dignified way.
Felabrity: Yesterday, while watching one of Arise TV news program on YouTube, I was scrolling through the comment section when I saw Nigerians questioning the appearance of one of the news anchor/journalist there, the popular Kadaria Ahmed
It seem's she has joined Arise TV (from NTA)
Then this morning, I saw the post where Tinubu appointed one of Arise Tv/This Day editors as his media aide
Like the popular saying, if you can't beat them, buy them
. I don't have any issue with ARISE TV but I am dissatisfied with their presentations. Those who really underwent courses in Mass Media mist have been taught English in Mass Media. For they must have been taught even if yiu have facts. yiu should mind how you present itthem so that your station will not stigmatized. Consider the following:. Journalist A: People say yiur party failed Nigeria..ARISE TV:. Your party failed Nigeria..... In A the journalist want s to have the other person's opinion .In B the journalist is categorical and condemnatory. I decided to keep quiet again since I read that all the Arise TV break fast show achors especially Rufai and Abati did not study Mass Comm or undergo a course in Mass Media.Finally many people like me believe that Arise TV is supporting OBI.
donphilopus: Obi don suffer for this election. If care is not taken, he would come a distant fourth behind Kwankwaso.
When you put small snails into the cold water they will spread their heads out if thier shells. When the water becomes hot they will die suddenly and remain in their positions. Obi like small snails will soon know there is a difference between campaign and election!!
kay29000: Okay. I've heard a lot of people say fearless makes them stay up, but personally, I've never had that problem. Maybe cos I don't take energy drinks that much... Probably just once a week, or two times a month.
I took it once that day.In fact I had to goggle it at night . I found it that it could interfere with sleep because of excessive caffeine it contains.
kay29000: I want to know if energy drinks like Climax, Redbull, Fearless are really that bad. I was advised to reduce my alcohol intake last year April after a serious Ulcer incidence, so I decided to give up alcohol. I haven't taken alcohol since then, but occasionally, I take Climax or Redbull energy drink when I hang out with friends. So, yesterday, when I wanted to order for Climax, this guy seated next to me (a friend of a friend), started talking about how bad energy drinks were. He advised I take juice instead, or Malt. Mind you, this guy was taken raw liquor.
I'm very antisocial, and an introvert. Alcohol always set me in the right mood back in the day, but now that I don't take it, I really don't like how I am when everyone else around me is in high spirit, from taken alcohol, so I decided to take energy drinks once in a while...like just one a week. But I've been hearing about how bad they are. How bad are they really, if one takes just a can a week?
. The first time I drank Fearless there was no problem. The second time I drank it it interfered with my sleep because. It contains a lot of Caffeine. Since then I have not taken it. Your body chemistry determines whether to take it or not.
Arise TV cameraman clandestinely streamed live Asíwájú Bola Tinubu’s event in Lagos today. He was not authorized by anyone. He was clearly on espionage, but was busted and sent out. Is journalism by stealth part of the practice by Arise News?
Bayo Onanuga:For clarity, the Tinubu-Shettima campaign is not against Arise TV covering its events. The Lagos NESG dialogue was not meant for TV live coverage. It was to be recorded and shown later. Other TV houses did not breach the rule, except Arise News. And it was done by stealth. Why?
. No clandestine journalism.For journalists to cover an event,they must be accredited.Adiitionally APC is a political party while ARISE TV is also another political party carrying out the will of Obedients. Remember their boss is a Loyalist, an a tacit follower of Obi.
If you are more than 35 years old try to walk for 30 minutes every day. Many people who are ogas or bosses in their places of work rely on cars every day. From car to car from car to car. They may appear healthy but a lot is taking place on the body system. Please ensure walking 30 minutes daily. May God comfort his family!
Johnnyessence: As Osun Election Petition Tribunal Winds Down: 30 Grounds Why Tribunal Should Dismiss Oyetola's Petition- INEC, PDP & Adeleke
Respondents in the peition filed by former Governor Gboyega Oyetola against the election of Governor Ademola Adeleke have canvassed 30 grounds why the election Tribunal should dismiss the petition with cost awarded against the petitioners. Additionally bases on section 242 of the constitution the onus lies on the responsdent to prove innocence in a case of forgery not the litiigant. APC vrs Obaseki 2019 supra
In a separate final addresses, counsels to the respondents took turn to demolish the petition, positing that the petitioners have failed to substantiate its allegations of over-voting and certificate forgery.
Counsel to the 1st respondent, the electoral commission, Prof Paul Ananaba SAN who filed reply on point of law raised objection to the documents tendered by the petitioners on 30th of December 2022 and filed on the same day.
He said the petitioner failed grossly in proving the allegations raised against the return of Governor Ademola Adeleke in the July 16 governorship election, urging the court to dismiss the petition in its entirety.
He submitted that the law empowers the INEC to accept the nomination of a candidate once it is satisfied that it met requirements, citing the case of Atiku vs INEC where court pronounced that President Buhari is eminently qualified to contest elections.
"By section 318 of the Constitution, our duty is very clear. All INEC is expected to do is to be satisfy that the applicant is qualify. And Section 318 talked about what is allowed and from the form submitted by the 2nd respondent, INEC was satisfied and that was what the Constitution requires. We took notice that the Second respondent was a former Senator of the Federal Republic of Nigeria," he noted.
On the issue of synchronization of result as being challenged by APC and Mr Oyetola, he submitted to the Tribunal that the petitioner based its petition on an inaccurate data, and so, can not establish the case of over-voting.
He quoted Section 62 (1-3) of the Electoral Act that empowers the Commission to continuously update the result of elections housed in its database, explaining this as the basis for the synchronization of the data in its custody.
"Much more my Lord, the petitioner made a heavy weather on Exhibit BVR. My Exhibit BVR date January 27 was a report of accreditation for the entire units in Osun state, which is 3763 units. And in the Tribunal, the BVR has been presented by the petitioner by what it is not," he explained
Anababa, SAN, said the APC hurriedly went to the INEC to demand for the result of the election while synchronization was still ongoing, adding that the APC filled their case prematurely.
He submitted to the Tribunal that the law is clear that over-voting can only be established when the number of votes in a unit is compared with the complete accreditation data, urging the court to accept Exhibit RVBR as the complete accreditation data.
"By Section 62 (3) and 74(1) gave birth to Exhibit RBVR. The petitioners came to the Tribunal prematurely," he submitted.
"Since the law as at 2022 was that this record of election is updated on a continuous basis, a petitioner will file petition when he is sure of the basis.
"I submit that the petitioners were not diligent because the petition was in disregard of Section 62 (3) therefore, I submit that there is no basis for this petition.
"RWC was a certified true copy of a physical examination of the BVAS machines used for the election, which is more reliable. And we brought the BVAS machines. BVAS machines are the raw primary evidence.
"Even when there is a conflict at the polling unit on whether accreditation, Section 64 (6a&b) specifies what needs to be done. We have presented the original data, the petitioner supposed to bring form EC8A, which are the basis for the declaration of results, not a report. Results were not declared based on BVAS report but based on collated results."
Anababa however urged the court to dismiss the case for lack of merit, maintaining that the election was conducted in full compliance of the law.
In his own submission, the counsel to Governor Ademola Adeleke, Dr. Onyebuchi Ikpeazu, SAN, prayed the court to dismiss the petition for lacking merit, noting that the 2nd respondents election as Osun State Governor was in order.
He argued that the petitioners failed to call any evidence to support its weighty allegation as required by the law, maintaining that the respondents did not forge any document as alleged.
"The petitioners did not call any documentary evidence that he didn't satisfy the requirements of Section 177(d) of the Constitution. The document and requisite evidence that they are obligated to call witnesses from the institutions to disown documents that were allegedly forged by the 2nd respondent.
"That burden and standard of proof must be beyond reasonable doubt has not been discharged by the petitioner. EW2 owned up that he didn't know anything about the institution or worked with the makers of the document presented by the 2nd respondent."
He cited a judgement of the Appeal Court on similar issue which affirmed the eligibility of the 2nd respondent, stressing that by law the judgement is still in effect as no appeal was filed to challenge it
"Also, there is a court judgement of the Appeal Court, which means judgement in rem."
On the issue of over-voting, he said the petitioners based it claims on erroneous grounds and so should not be entertained by the Tribunal.
"My Lord, the petitioner star witness, he did not tender any BVAS report as the basis of his witness statement. In paragraph 5 of his witness statement, he wrote categorically that he obtained the BVAS report on July 17 2022. The strength of it is that not having tendered his BVAS report, which founded the purported evaluation he adduced, there is no basis whatsoever for his report. If there is no BVAS report of July 17 in his witness statement, there is no case."
"The petitioner tendered Exhibit BVR, which was purportedly certified true copy, not on the 17 but on the July 27. This mean BVR was dumped on the Tribunal. The receipt of the purportedly tendered in support has a date of July 28. The document tendered did not correspond with the date on the receipt of the documents tendered. Section 104 of Evidence Act."
He urged the Tribunal to base its judgement on the BVAS machines, which according to him is the primary source of entries for accreditation in the election.
"The question now is, what is the certified true copy of that original. The certified of the original is Exhibit RWC tendered through RW1 and forming the basis for the report of RW2. BVR is flawed by the evidence of PW1 and PW2. Extraction from the INEC database is not the same as extraction from the BVAS machines.
"None of the agents of the petitioners in the contested 749 polling units contested the results in those units. They signed the results. Those results they signed as authentic with no over-voting can only mean Section 165 of the Electoral Act. The entries in form EC8A tally with figures in RWC. Section 47(2) of the Electoral Act, mandated that accreditation should produce with a technological device and a voters register."
Counsel of the PDP, Dr. Alex Iziyon, SAN, also submitted that the Tribunal dismiss the petition of the petitioners for lacking merit, asking the panel to uphold the election of the 2nd respondent.
"The language of the law is simple on the issue of qualification for the office of the governor which is the case at hand and that is a prove that a person attended UP TO school certificate level.
"Case of allegation of qualifications according to the constitution, section 134(3) must relate to the current election in dispute on which the petitioners failed in the written addresses.
"The issue of testimonial forgery has been previously raised and decided by the court of appeal. It is a judgement that can no longer be tampered with.
"Again, on the university and Diploma certificates as raised by the petitioners, the petitioners failed to 11 call any witness to lead evidence neither from the institution where the Diploma was issued nor the university. Such failure on the part of the petitioners was fatal and irreparable. Petitioners urging the court now to go back to the 2018 is lazy and fatally lackadaisical on the part of the petitioners.
"The report of BIVAS of July 27, 2022, while the date on the receipt for issuance of the report as required by law was dated 28 July, 2022. Such discrepancy is also too fatal to be pardoned.
"The documents dumped on the court are speaking different language in dates of certification and dates of issuance. The law does not permit such error of speaking in tongues before the law court.
"Such error has rendered those documents legally inadmissible and in a situation where a document is legally inadmissible in court ab nitio, then the court is forbidden to even look at it at all.
"If the petitioners had wanted to dump their petition before the court and ask the court to give them judgement, it would have been a different case. But having elected to call witnesses, submissions of such witnesses must convincingly relate or bolster the documents before the court. In this case, the Petitioners had called a star witness who instead of acting as a star witness, instead deemed whatever star that was in the petition and slaughtered the petition without mercy.
"The PW1 called by the petitioners was to put it mildly, a display of voyage of Christopher Columbus. On one hand, the PW1 claimed to be an expert while on the other, he claimed not to be an expert, a statistician the petitioners relied upon to buttress their figures as claimed in their petition, that to us, is a professional summersault, especially when considered under section 128 of evidence act."
On the BVAS report, Dr Alex Iziyon urged the court to rely on the examination, results and reports extracted from the primary source of evidence, which is the BVAS machines, used for the conduct of the election. He also reminded the court that the report of the BVAS have not been challenged by all parties.
"Since the law as at 2022 was that this record of election is updated on a continuous basis, a petitioner will file petition when he is sure of the basis.". Continuous basis here refers to as the resukts are submitrec not referring to update after results have been declared .
engineerboat: Remember BVAS Is a backup in case where there are Issue, It doesn't mean that Result will not be announced when Sychronization is not yet completed.
APC case is a a case of running to meet Your class teacher to give you the Exam Scripts and score even is still not completed with Your C.A
Remember that No PU Agent complaints of any Over-Voting, No PU agents was called as witness, this are issue APC failed to do, hence You can't just dump loads of materials on the Tribunal and expects them to perform magics
. . I love your conclusion.When CAs are not ready can we distribute result cards?
I am following this Osun Election Tribunal Bumper-to-Bumper.
This particular process is going to be one huge step that would form a strong concrete-base to all future Election Tribunals that are based on the Electoral Act of 2022.
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. I agree with you! I am interested in the BVAS on trial. If BVAS generates two different results for petitioner and defendant what will happen? If BVAS is not syncronised before election can we accept result generated from it? The outcome of this case to the SC level will define our 2023 election.
SheBad: I didnt say South-South and South-East are one. You don't understand. As far as Nigeria and her politics is concerned, South East and South South sees themselves as people who got each other's back... pay attention to their voting patterns.
The reason why many of you don't know these things is that you focus so much on Igbos. If you have many from the South South as friends, and interact with them on their views about Nigeria, you will find out a few things that just staying in your region will never teach you.
tonididdy: Same way the Yoruba Muslims are referred to as infidels by the core Muslim north.
That being said …. Fact remains OBI is grabbing a min of 20% of votes from the mentioned states. That’s a pass mark for a man who will have 90% of votes from the SS, SE
. I don't think Obi will get more than 5 % of vote cast inalk the states in the North. The reason is that Obi represents 1. IPOB 2. BIAFRA 3 Anti herdsmen and 4 Anti Muslim in the veiw pont of the North. Additionally, if Obi wiins the election ( great impossibly) the North will use the military to overthrow him.. Remember the region is the largest in the military. Remember 1966 coup!
SheBad: I am Igbo with Edo heritage as well. My Edo people in Lagos have been there for more than 30 years. It is the myopic lenses that you fools use to view everything.
Also, as long as you keep attacking and hating Igbos, other South-South indigenes see you as their enemies cos they know that is how you will attack them. Keep attacking Igbos while their South South counterparts are waiting for you...
. I don't abuse people regardles what they say. However I don't think SS and SE are the same. Delta IGBOS only associate themselves with SE. Also let it be known that I don't hate IGBOS .I have them as friends. It is the Obedients that are attacking anybody supporting Apology to anybody that feels offended
Politics › Re: Likely Outcome Of Osun Election Tribunal by ejimatic: 11:16am On Jan 20, 2023
