₦airaland Forum

omonnakoda:
Appeal court does not hear new evidence
The Appeal court determines based on evidence presented already unless there is argument about evidence that was refused to be admitted

Appeal court will hear defence of Inec appeal on the second Bvas machines synchronisation reports they tendered in the tribunal stating only 6 units was affected by over voting

duro4chang:
So the one they used to announce the result is not original? Inec will not even appeal. Adeleke can't win.

Inec will appeal. After Inec counsel Appeal the judgement in the Appeal court, you will be no where to be found on nairaland. Inec will appeal cos’ of the 2nd Bvas synchronisation reports that’s 100% genuine. They will have to defend that in the Appeal court and Supreme Court of justice too. Victories for governor Ademola Nurudeen Jackson Adeleke on that.

peepydelano:
Yes

that’s 100% certain

clevetom99:
No matter how hard he tries, he can never become the President of Nigeria. It was never his destiny. I'm sure he knows about this too, but because he has already started the campaign, he should just get along with it.

he will be President of Nigeria republic and you will never do anything, Na to rant and wail without pvc. Congratulations to the incoming President Atiku Abubakar in advance. Atiku Abubakar wins February 25th presidential poll.

Atiku Abubakar wins February 25th presidential poll

Oloriburuku ole jati jati gbogbo. We know your plans. Wa lule las las niii. Congratulations to Atiku Abubakar in advance. Atiku Abubakar wins February 25th presidential poll. February 25th is highly sacrosanct

jahsharon:
Did you read the write up at all? Or are you just a making noise for nothing?

your thinking is beyond redemption, what do you want that clueless loser and useless propagandist iropidan will say. Awon ole jati jati gbogbo. Ka da fun gbogbo won lapapo.


Oyetola will lose both in Appeal court and Supreme Court of justice



Few points on this judgement:

1. The first report given to APC actually showed over-voting in more than 700 polling units. It is actually around 1500 polling units or thereabout including units APC won. Therefore, the alleged over-voting is widespread although APC based their petition on units they lost (700). This was alluded to in the minority judgement. Therefore, it is not restricted to where PDP won.

2. The second report given to PDP was better but was also showing over-voting in some units as well. The majority ruling of the tribunal claimed that INEC colluded with PDP in the pendency of the petition by APC to produce the second reports. However, this argument is puerile at best by two reasons (a) PDP is entitled to ask for the same forms/reports given to APC to defend the petition and can only ask for it in the pendency of the petition. Why would the winner of election ask for BVAS report? PDP won the election. They asked for the report after studying the petition of APC.

(b) The second BVAS report cannot be said to be tampered with because it still showed over-voting as claimed by APC although in less polling units across the state.

3. The two reports are contradictory leaving the PDP to then ask for physical inspection of the BVAS machines. At least the reports are generated by BVAS machines. The BVAS machines were brought to the open court and inspected and the data there correspond with the election results. Now, there were three evidences. 2 BVAS reports (printed from server, mind you) and one physical reports of the BVAS machines in the open court. In fact the two BVAS reports are not in tandem with the results of the physical inspection of the BVAS machines. The majority ruling decided to go with first BVAS report, neglecting 2nd BVAS validly given to PDP and the data on the BVAS itself.

4. In the majority judgement, the judge harped heavily and compared the veracity of the two BVAS reports. He said the 2nd BVAS report is doctored. Okay, but what of the BVAS machines itself? Is it also doctored? The tribunal gave permission to inspect the machines by the two parties and everyone in court saw there was no over-voting in BVAS machines but the tribunal didn't even take a position on the results of BVAS inspection in their ruling.

5. The tribunal didn't dabble into whether the results of BVAS machines inspection are accurate or tampered with as well. The question is, are BVAS machines tampered with as well? I will answer in negative by two reasons:

(a) we learned that only the chairman of INEC and director of ICT can have access to data stored on the BVAS machines. Even one of them cannot access the machines data without the cooperation of other. We all know that immediately after election and after tribunal started sitting, the BVAS machines were housed in the tribunal and not with INEC in Osogbo.

(b) The second reason why I believe that the machines were not tampered with was because the inspection of the machines showed over-voting in 6 units. If INEC had tampered with it, no polling units will report over-voting.

5. There were 3 members of the tribunal. The chairman wrote the leading judgment and other member wrote minority judgement. The third member of the panel did not agree with either the majority or minority judgements in the open court. After reading of the judgment by the chairman, the third member only greeted people and say goodbye. No concurrence or otherwise. I dare to say there is no judgement of that tribunal.

In conclusion, I believe the fight is actually against BVAS machines to erode the confidence of people on the machines or INEC and bring apathy in the forthcoming general election. Everybody should endeavour to get their PVC and vote wisely. Your vote will count.

Inec will filed their case in the Appeal court of justice too saying the 30 days synchronisation Bvas machines reports is the genuine ones they relied upon and the accreditation tallied with the form EC8A tendered in the tribunal. Governor Ademola Nurudeen Jackson Adeleke will win his case in the Appeal court of justice

Inec will filed their case in the Appeal court of justice too saying the 30 days synchronisation Bvas machines reports is the genuine ones they relied upon and the accreditation tallied with the form EC8A tendered in the tribunal. Governor Ademola Nurudeen Jackson Adeleke will win his case in the Appeal court of justice

Osun Tribunal: Not All Data Was Transmitted When APC Obtained BVAS Server Report – INEC

In the aftermath of judgement by the Osun State Governorship Election Petitions Tribunal, the Independent National Electoral Commission (INEC) has provided clarifications on the discrepancy related to the Bimodal Voter Accreditation System (BVAS).

The tribunal ruling on Friday nullified the election of Peoples Democratic Party’s (PDP) Ademola Adeleke amid over-voting and additional votes for Adegboyega Oyetola (All Progressives Congress) putting him ahead of Adeleke.

A former Director, Voter Education and Publicity, INEC, Oluwole Osaze-Uzzi, who made a live appearance on Channels Television’s Sunrise Daily on Monday, said there should not have been a discrepancy in the 2022 Osun State governorship election.

Osaze-Uzzi explained that the APC obtained a certified copy of the initial server report before some of the data had been transmitted by the BVAS hardware.

He, however, pointed out that the verdict was not a unanimous judgement.

“The second [tribunal] member – the honourable justice who dissented from his two colleagues – said, ‘I would rather use the primary source of this information, and the primary source of this data is actually the machine itself,'” the INEC official said.

“It is basically a computer. So, rather than go to the server where it transmitted data, I would use the printout from the machine itself.

“The machines were tendered, so were the reports from the server, and there ought not to have been a discrepancy, but somewhere along the line, not all the data had been transmitted at the time the APC obtained the certified copy of the initial server report.”

Osaze-Uzzi, however, described the judgement as a validation of the role BVAS has played in enhancing the electoral process.

Rather than view the discrepancy from a negative perspective, he encouraged stakeholders to take a more optimistic outlook, arguing that BVAS exposed the over-voting in the election.

“It was BVAS that exposed that as it were, and the fact that the BVAS report was relied on. But we have to be careful; which of the BVAS reports was relied on? Was it what was transmitted to the server – to the back-end – or was it the BVAS itself?” he posed.

According to him, there is a need to break the verdict of the tribunal. He added that the majority of the tribunal – “the chairman and the second member” – relied on the initial report and the initial report of the back-end, duly certified by INEC.

“It was downloaded from the server [after it was] transmitted. But a couple of days later – INEC used the word ‘synchronised’, I’m not too sure I like that word, but – you synchronise it and say, ‘Have all the results been transmitted – has all data been transmitted from the machine, BVAS itself, to the server?’

“The machine is a physical one and then it transmits to a physical one. It now went, checked and said, ‘There’s a problem here.’ The BVAS report now downloaded itself, [we] now brought it out and examined each BVAS machine and now found out that no, some data was not transmitted to the server,” Osaze-Uzzi said.

https://www.facebook.com/100044332811138/posts/801123291375424/?app=fbl

Misterone:
INEC has said they will not appeal the judgement. Appeal court is not a retrial court, no new evidence is introduced at this stage. It is a court to check if the judgement conforms with the laws of the land.

Osun Tribunal Judgement: INEC, Adeleke head to Appeal Court...

Atiku Abubakar wins February 25th presidential poll

Maxymilliano:
This is how Adeleke's mandate will be validated by the supreme court ...

yes soo by the special Grace of Almighty God. Kebbi and Osun State in the Pdp bag

Congratulations to Atiku Abubakar in advance. Atiku Abubakar is a goal. Atiku Abubakar everywhere you go

ojoisimi:
Was it the bvas records issued to oyetola that was used to declare result or the rubbish synchronized one? Enough of all these una half-baked review. Results were declared based on the records on the bvas issued to Oyetola. So, the synchronized trash (which also confirmed over voting) was legally jettisoned

it wasn’t the full synchronisation reports, instead of APC to get their synchronisation reports of Bvas after 30 days, nope they quickly go to Inec office to get their synchronisation reports after 7 days of the election. Infact Appeal court of justice will overturned the black market judgement from the tribunal. Appeal Court justices will based their judgement on the 30 days Bvas synchronisation reports Inec did after the election. APC and Oyetola will be the one to lose the Appeal case after the justices listened to Inec counsel and its 30 days synchronisation reports. Appeal Court of justice will do the needful by affirming the victories of Senator Ademola Nurudeen Jackson Adeleke as the 6th governor of Osun State.

Misterone:
INEC has said they will not appeal the judgement. Appeal court is not a retrial court, no new evidence is introduced at this stage. It is a court to check if the judgement conforms with the laws of the land.

let me see their press statement on that. Without posting Inec signed press release on that, you are just a clueless propagandist. Inec , Pdp and Ademola Nurudeen Jackson Adeleke will filed their case in the Appeal court of justice. Odi Aye Atunwa fun ijoba Oyetola ni ipinle Osun

muykem:
Please don't contemplate suicide when supreme Court finally gives their decision.

you will die or run mad when your clueless godfather and slave master drug baron Tinubu thunderously lost the February 25th presidential poll to the incoming President Atiku Abubakar. Odi aye Atunwa fun ijoba Oyetola ni ipinle Osun. Infact the Apex court will affirmed governor Ademola Nurudeen Jackson Adeleke as the executive Governor of Osun with highest votes recorded in the July 16th governorship election last year. APC will be thunderously and heavily rejected in the next month poll. February 25th is sacrosanct. Ka da fun baba Amugbo Ati Awon omo re lapapo

Oyetola will lose both in Appeal court and Supreme Court of justice

Few points on this judgement:
1. The first report given to APC actually showed over-voting in more than 700 polling units. It is actually around 1500 polling units or thereabout including units APC won. Therefore, the alleged over-voting is widespread although APC based their petition on units they lost (700). This was alluded to in the minority judgement. Therefore, it is not restricted to where PDP won.
2. The second report given to PDP was better but was also showing over-voting in some units as well. The majority ruling of the tribunal claimed that INEC colluded with PDP in the pendency of the petition by APC to produce the second reports. However, this argument is puerile at best by two reasons (a) PDP is entitled to ask for the same forms/reports given to APC to defend the petition and can only ask for it in the pendency of the petition. Why would the winner of election ask for BVAS report? PDP won the election. They asked for the report after studying the petition of APC.
(b) The second BVAS report cannot be said to be tampered with because it still showed over-voting as claimed by APC although in less polling units across the state.
3. The two reports are contradictory leaving the PDP to then ask for physical inspection of the BVAS machines. At least the reports are generated by BVAS machines. The BVAS machines were brought to the open court and inspected and the data there correspond with the election results. Now, there were three evidences. 2 BVAS reports (printed from server, mind you) and one physical reports of the BVAS machines in the open court. In fact the two BVAS reports are not in tandem with the results of the physical inspection of the BVAS machines. The majority ruling decided to go with first BVAS report, neglecting 2nd BVAS validly given to PDP and the data on the BVAS itself.
4. In the majority judgement, the judge harped heavily and compared the veracity of the two BVAS reports. He said the 2nd BVAS report is doctored. Okay, but what of the BVAS machines itself? Is it also doctored? The tribunal gave permission to inspect the machines by the two parties and everyone in court saw there was no over-voting in BVAS machines but the tribunal didn't even take a position on the results of BVAS inspection in their ruling.
5. The tribunal didn't dabble into whether the results of BVAS machines inspection are accurate or tampered with as well. The question is, are BVAS machines tampered with as well? I will answer in negative by two reasons:
(a) we learned that only the chairman of INEC and director of ICT can have access to data stored on the BVAS machines. Even one of them cannot access the machines data without the cooperation of other. We all know that immediately after election and after tribunal started sitting, the BVAS machines were housed in the tribunal and not with INEC in Osogbo.
(b) The second reason why I believe that the machines were not tampered with was because the inspection of the machines showed over-voting in 6 units. If INEC had tampered with it, no polling units will report over-voting.
5. There were 3 members of the tribunal. The chairman wrote the leading judgment and other member wrote minority judgement. The third member of the panel did not agree with either the majority or minority judgements in the open court. After reading of the judgment by the chairman, the third member only greeted people and say goodbye. No concurrence or otherwise. I dare to say there is no judgement of that tribunal.
In conclusion, I believe the fight is actually against BVAS machines to erode the confidence of people on the machines or INEC and bring apathy in the forthcoming general election. Everybody should endeavour to get their PVC and vote wisely. Your vote will count.

Why the Osun Election Tribunal Judgement will not pass the test of time at the Appeal Court and Supreme Court ..

BVAS is a device to collect and store primary data. BVAS is like any other customer premises equipment like computer, smartphones etc. it can stand alone and it can be connected to the server. As it is it, 1 BVAS can only take 500 voters info so for polling units where you have over 500 voters say 1,200 voters, 3 BVAS was used. All votes go into one box during voting and they are counted together. but only one BVAS will transmit results to the Server. The server in the immediate sees one BVAS as limited to 500 voters so until you reconfigure and synchronize the server, it sees each BVAS as one polling unit and of course as over voted. So the Oletola presented first print out from the server and his judge took it as over voting. The print out when all the units that have more than 1 BVAS were reconfigured was rejected by this judge, even when all the BVAS (the primary data sources) were presented before the judge.

The BVAS does not remove the legal role of the EC8A forms which were completed and signed by all the party agents. The forms were presented at the court and yet the judge will not consider them as primary data source and supports to the second printout, printed by INEC after synchronization.

Third, there was no role giving to voters register as mandated by the law to establish, if there were actual over voting.

If BAT is waiting for this strategy to win at federal, then he would need to replicate same fraud in at least 24 states. Good luck to Nigeria, from the aftermath effect of osun judgement.

ALMUSTAQIM:
Sacking of Adeleke:

Only INEC can appeal osun tribunal judgement.

Reason: the case was against INEC not Adeleke. Yes, adeleke may sue INEC freshly, but he is ineligible to appeal the tribunal judgement.

That is why the tribunal ordered INEC to withdraw certificate of return issued to adeleke and issue fresh one to Oyetola.

Lawyers in the house, please shed more light 👆, because inec has made it clear that it won't appeal any judgement, Baba onifila gogoro is running frm pillars to post now""" So Pe O Ti lo oo*****😄🏃‍♀️🏃‍♀️🏃‍♀️🏃‍♀️🏃‍♀️

HIGHLIGHTING THE ERRORS IN THE OSUN TRIBUNAL CHAIRMAN'S VERDICT BY HASHIM ABIOYE ESQ.


1. NOTHING WAS WRONG WITH THE BVAS MACHINES BUT WITH THE INEC SERVER AS AGAINST THE ERRONEOUS HOLDING OF THE TRIBUNAL CHAIRMAN.

2. ACCREDITATION WAS BY BVAS MACHINES CONCURRENTLY WITH THE VOTERS' REGISTERS. BVAS MACHINES, VOTERS REGISTER AND THE FORMS WERE WHAT WERE USED TO CONDUCT AND DECLARE ELECTION RESULTS, NOT THE SERVER WHICH THE APC RELIED UPON AND UPON WHICH THE TRIBUNAL CHAIRMAN PREMISED HIS VERDICT.

3. INTRODUCTION OF BVAS HAS NOT REMOVED VOTERS REGISTER AS AGAINST THE HOLDING OF THE TRIBUNAL CHAIRMAN.

4. DIRECT INFORMATION FROM BVAS MACHINES CANNOT BE EQUATED WITH THE INFORMATION FROM THE SERVER WHICH MAY BE AFFECTED BY NETWORK.

5. OYETOLA'S PETITION WAS DETERMINED UPON THE BVAS REPORT FROM SERVER NOT UPON THE PHYSICAL INFORMATION ON THE BVAS MACHINES WHICH HAS NOT CHANGED SINCE THE DAY AND TIME OF THE ELECTION.

6. BVAS MACHINE IS DIFFERENT FROM SERVER REPORT. BVAS IS THE DIRECT PRIMARY SOURCE, WHILE SERVER IS NOT, AS AGAINST THE VERDICT OF THE CHAIRMAN OF THE TRIBUNAL.

7. BVAS MACHINES USED FOR OSUN ELECTION WERE IN EVIDENCE BEFORE THE TRIBUNAL, THE INFORMATION ON THEM TALLIES WITH THE FORMS EC8A, THEREFORE NO DISCREPANCIES AS AGAINST THE DECISION OF THE TRIBUNAL.

8. SERVER CREATED DISCREPANCIES BY PRODUCING TWO DIFFERENT BVAS REPORTS, BUT THE BVAS MACHINES THEMSELVES PRODUCED ONLY ONE WHICH THE TRIBUNAL CHAIRMAN JETTISONED.

9. THE TRIBUNAL CHAIRMAN PICKED THE SERVER REPORT WHICH THE PETITIONERS SERVED AS THE PILLAR OF THEIR CASE, ABANDONED THE LATER SERVER REPORT. THE TRIBUNAL EQUALLY CLOSED ITS EYES AGAINST THE BVAS MACHINES AND THE FORMS EC8As THAT WERE PHYSICALLY BEFORE THE TRIBUNAL.

10. THE TRIBUNAL WAGED A WAR AGAINST THE BVAS MACHINES THEMSELVES AND THE DIRECT DATA EXTRACTED FROM THEM, WHEN INDEED THE WAR SHOULD BE AGAINST THE CONTROVERSIAL BVAS REPORTS.

11. THE TRIBUNAL CHAIRMAN GRANTED AN ORDER FOR PHYSICAL INSPECTION OF THE BVAS MACHINES, YET CLOSED ITS EYES AGAINST THE REPORT OF THE SAID PHYSICAL INSPECTION INCLUDING THE BVAS MACHINES THEMSELVES.

12. THE BVAS MACHINES THEMSELVES, AND THE REPORT OF PHYSICAL INSPECTION DID NOT ESTABLISH OVER-VOTING AT ALL, BUT THE TRIBUNAL CHAIRMAN WENT ON TO HOLD OVER-VOTING ON THE BASIS OF THE SERVER REPORT.

13. NIGERIANS AND THE WORLD SHOULD KNOW THAT THE DOCUMENT WHICH THE TRIBUNAL CHAIRMAN HELD TO BE FORGERY WAS THE SAME DOCUMENT IN RESPECT OF WHICH THE SUPERIOR COURT OF APPEAL HAS VINDICATED ADELEKE, SINCE THERE WAS EVIDENCE THAT HE ATTENDED EDE MUSLIM GRAMMAR SCHOOL AND SAT FOR WAEC. THE TRIBUNAL FAILED TO TAKE JUDICIAL NOTICE OF THE SAID JUDGMENT WHICH CLEARED ADELEKE OF FORGERY.

14. NO NECO RESULT WAS CONTAINED IN ALL THE DOCUMENTS BEFORE THE TRIBUNAL AS FALSELY BEING PEDDLED BY THE APC AND THEIR PROPAGANDISTS.

15. THE WHOLE WORLD SHOULD RISE TO DEFEND THE BVAS MACHINES AS AGAINST THE CONTROVERSIAL SERVER REPORTS UPON WHICH THE TRIBUNAL CHAIRMAN BASED HIS JUDGMENT.

16. THE APC PROPAGANDISTS AND MERCINARIES ARE HOLDING ON TO BIG LIES, A BASELESS REPORT TO TOPPLE A VALIDLY ELECTED GOVERNOR.

17. THE WORLD SHOULD BE TOLD THAT BVAS MACHINES USED FOR OSUN 2022 GOVERNORSHIP ELECTION HAD NO PROBLEM, NO OVER-VOTING, BUT A SERVER REPORT WHICH THE TRIBUNAL CHAIRMAN ERRONEOUSLY RELIED UPON.

18. THE TRIBUNAL CHAIRMAN LACKED JURISDICTION BY VIRTUE OF SECTION 51(1),(2),(3) & (4) OF THE ELECTORAL ACT, 2022, TO DECLARE OYETOLA THE WINNER AFTER CANCELLING VOTES OF THE PARTIES ON THE BASIS OF THE SERVER REPORT, EVEN THOUGH THE BVAS MACHINES THEMSELVES AND THE FORMS EC8As TENDERED BEFORE THE TRIBUNAL DID NOT ESTABLISH SUCH.

- Compiled by Hashim Abioye Esq.

https://www.facebook.com/100028527937018/posts/pfbid02MqVzVaWGp2TAvYJdz2dhGKiLGL8JiwuZ81Lkn5a59wfHxBarqy5RajkH4MVye8DYl/?app=fbl

Dibodibo:
you be fake lawyer.

Pelé oooo his points dey pain you hard. Odi Aye Atunwa fun ijoba Oyetola ni ipinle Osun. February 25th is here, drug trafficker Tinubu will cry more

quickberry:
Says who?

you and your clueless drug slave master Tinubu will cry more on February 25th presidential election. Protest votes on February 25th election loading. If they born you well with your thugs try it on the Election Day. Tinubu Ma lule piii Lekan siii. Odi Aye Atunwa fun ijoba Oyetola ni ipinle Osun

VillagePipu:
Johnny boy, you will cry for the next 4 years.
Your bad luck ruined Adeleke

ka da fun gbogbo yin lapapo, odi Aye Atunwa fun ijoba Oyetola ni ipinle Osun. Oyetola is a goner and clueless loser. Appeal Court of justice and Supreme Court of justice will affirmed governor Ademola Nurudeen Jackson Adeleke’s as the executive Governor of Osun State

muykem:
I actually feel your pains but you need to know that Adeleke has less than 20% chance of victory . Court case is not based on emotion but grounded on the law of land.

never feeel my pain ode.. Adeleke has 100% chance in the Appeal court of justice and Supreme Court of justice too. Odi Aye Atunwa fun ijoba Oyetola ni ipinle Osun

Parachoko:
You never learn anything for wetin happen in Imo

uzodima back door to government house will be resisted and rejected by the Apex court sitting on Ademola Nurudeen Jackson Adeleke’s Appeal. Odi Aye Atunwa fun ijoba Oyetola ni ipinle Osun.

Misterone:
Mr Johnny, you just wrote a long piece of trash up there. If you must know, during appeals,
1. no new evidence is introduced.
2. The case is not reopened. The appeal is based on whether the judges were fair or unfair in their carriage of justice.

So talking about 1500 polling unit is a waste of time. No one will listen to you.

the justices at the Appeal panel will check Pdp and Inec appeal and they will decide on the case. Odi Aye Atunwa fun ijoba Oyetola ni ipinle Osun

BlueDuck:
Concise analysis.

It would seem that both INEC and the tribunal have been financially induced by the APC though...else why would the tribunal do such a shoddy job, and why would the INEC start contradicting themselves by producing two mismatched BVAS reports (neither of which matches the BVAS figures itself, thus leaving us with three sets of figures).

Is it so difficult to pull figures from BVAS machine and put it on paper?! Even a pre-teen would be able to do that with proper supervision.

you are very right here sir.

Softmirror:
YOU HAVE BEEN WASTING YOUR TIME ALL OVER NAIRALAND WITH A CASE SO CRYSTAL CLEAR.

ADELEKE TI LULE!!! NO TWO WAYS ABOUT IT. ANYTHING ELSE IS JUST NOISE AND WASTE OF TIME.

clueless APC supporter, odi Aye Atunwa fun ijoba Oyetola ni ipinle Osun

alen4smith:
squealer of election rigger .

the clueless election rigger talking with alleged over voting technicalities. Odi Aye Atunwa fun ijoba Oyetola ni ipinle Osun

pavoda:
This is Apt.

yes 100% apt

victorsola:
read . There is nothing like Supreme Court for this kind of case . Go check the new electoral act .

it will reach Supreme Court of justice and governor Ademola Nurudeen Jackson Adeleke will triumph over his enemies.