ejimatic:
. Truly as you have said INEC may appeal overvoting.What however will it use to argue it's case?

Their lawyers will do a better job in that.

fergie001:
That the judgement is 2-1 is not in dispute. Your saying INEC will not appeal isn't decided yet. They will (BVAS is on the line)

Ahead of a national election, they have no choice... Otherwise, other politicians are waiting to utilise same method.

Bvas is not on fire.actually,the judgment authenticates and legalizes bvas.

Penguin2:


When I saw the “Go lo lo lo” and “Buga won” references, it dawned on me that the judgment was written and given to Justice Kume to read.

I cannot, and will never believe, that a Judge who is from Benue and does not understand Yoruba, will be making reference to a Yoruba line in a song in the most trivial of manners for a case as serious as the mandate of the generality of Osun people.

I’m ashamed that something like this can still happen now, when we thought our judiciary was beginning to get things right.

I’m no longer surprised how Akpabio and APC governorship candidate in Akwa Ibom got their judgments.

Whenever the judgement does not favour PDP, you are always ashamed. When the court was dashing PDP, states like Bayelsa, Zamfara etc, for spurious reasons, the judgement was good then.

BluntCrazeMan:


The APC were able to establish beyond every reasonable doubts, that the so-called BVAS-Report was generated from the Primary Evidence (which happened to be the BVAS Machines), and then, INEC themselves couldn't refute the very established fact that the BVAS-Report came from the BVAS Machines, and they also accepted that the information that were contained in the BVAS-Report was generated under their supervision, and signed as certified true copies from them..
(Only if they knew it meant for them to certify such a document)

Guy,you sabi body

garfield1:
Bvas is not on fire.actually,the judgment authenticates and legalizes bvas.

Machine (Primary evidence) and both sides physically inspected it.

https://dailynigerian.com/updated-tribunal-adeleke/ (You wanted to know if the buga was part of the judgement)

ejimatic:
. Truly as you have said INEC may appeal overvoting.What however will it use to argue it's case?

Orrr

fergie001:
Machine (Primary evidence) and both sides physically inspected it.

https://dailynigerian.com/updated-tribunal-adeleke/ (You wanted to know if the buga was part of the judgement)

There is nothing like primary or secondary evidence,evidence is evidence...even if there is lo lo lo buga,it doesnt void the judgment

LegendHero:


This is exactly what I said in my comment up there.

INEC should have done Justice to this before declaring winner and that is what the amended law says.

So I don’t know why OP is citing a law that is not even the bone of contention when INEC should have already did that before getting to court.

Law talk say make INEC themselves cancel in area where there is over voting. INEC no do anything, declare winner, and Oyetole took them to court.

Tsefini.

When I was blaming INEC,, people thought I was joking.

Now, the system has scattered them.



All those Presiding Officers and APO-1 and APO-2 in all those 700+plus Polling-units must be severely punished for bringing bad name to INEC.

ejimatic:
INEC shirked in its responsibility to cancel votes cast where accreditation was compromised. The Tribunal is empowered by the law to handle cases relating to the election and decide on the matters. Cancellation is in the constitution on the controversial poling units The TB followed what is in the constitution as long as cancellation took place where there were cases of overvoting as presented and argued by the petitioner!TB acted on behalf of INEC as enshrined in the constitution.

Agreed that TB acted on behalf of INEC but after cancellation of votes from over 700 polling units, do you think the provision of subsection 4 was met?

Are 700 polling units so small and insignificant that a winner can be declared without votes from there?

Apparently, the op and a lot of commentators here have a legal inclination - kudos to you all; for those of us, who are not so inclined, it is the Osun people we feel sorry for: on the one side, the petitioner that did not over-vote, he and his party are persona non grata to most Osun people, while Uncle Demola (the declared winner) paadi to Uncle Bob Dee (Dele Momodu) has shady certificates, is popular more for his dancing (I like it though),his being David's Uncle (perhaps why many young people support him), his bank rolling elder brother (you shoulda seen the way he Dobale for am when declared winner) and more recently his daughter-in-law's washing of their dirty linens on social media... than anything else. All these will only hinder progressive development in the State which impacts the masses more.

dat9jaguy:




Go and sue or better still join Adeleke's legal team, no come disturb us here with your mental masturbation.

Are you an election thief?
You saw it boldly written in the Electoral Law that where overvoting is spotted, the results of the polling unit should be cancelled, and another election conducted in the polling unit, if there is reason to believe that the overall result from the entire election will not be affected if another election is not conducted in the polling until where overvoting was spotted?
How come the Oshun Tribunal awarded outright victory to the APC candidate?

Penguin2:


Agreed that TB acted on behalf of INEC but after cancellation of votes from over 700 polling units, do you think the provision of subsection 4 was met?

Are 700 polling units so small and insignificant that a winner can be declared without votes from there?

Section 136 subsection 3 States that a tribunal can declare a winner after deduction.the section you quoted applies to inec

onuman:


Are you an election thief?
You saw it boldly written in the Electoral Law that where overvoting is spotted, the results of the polling unit should be cancelled, and another election conducted in the polling unit, if there is reason to believe that the overall result from the entire election will not be affected if another election is not conducted in the polling until where overvoting was spotted?
How come the Oshun Tribunal awarded outright victory to the APC candidate?

And same electoral act in section 136 allows judges to declare a winner after cancellation

fergie001:
INEC issued an updated one and adduced reasons why the first was issued.

Even if you follow the evidence act, you don't jettison primary evidence for the secondary one.

Well..

Until I read the full judgement.
So I can see the logic behind their reasons for accepting the BVAS-Report which the APC provided.

garfield1:


There is nothing like primary or secondary evidence,evidence is evidence...even if there is lo lo lo buga,it doesnt void the judgment

You quoted someone who has been abusing me here nah wrt that. When he sends you the doc, mention me.

Evidence is not evidence and you know this. When Obaseki, Ayade and co had questionable documents, what kept their elections? M


That asides the PDP has allowed new aspirants for the new Primary.

fergie001:
You quoted someone who has been abusing me here nah wrt that. When he sends you the doc, mention me.

Evidence is not evidence and you know this. When Obaseki, Ayade and co had questionable documents, what kept their elections? M


That asides the PDP has allowed new aspirants for the new Primary.

Who are the new aspirants and who is ikpeazu candidate

BluntCrazeMan:
Well..

Until I read the full judgement.
So I can see the logic behind their reasons for accepting the BVAS-Report which the APC provided.

Do you know the funny thing, go through one of your threads. You wrote that even days after the election (I think it was Anambra or so), that INEC was yet to update some results in their portal. This is what exactly happened...

Penguin2:
The lead judgment of the Osun Tribunal was hinged on over voting.

But what did the 2022 Electoral Act say about over voting?

Read the provision of the Electoral Act on over voting as captured in section 51 and decide for yourself if justice was truly served in Osun or not.

Nlfpmod
Mynd44
Fergie001
Garfield1
Kyase

Thanks for this. Most enlightening.

Penguin2:


When I saw the “Go lo lo lo” and “Buga won” references, it dawned on me that the judgment was written and given to Justice Kume to read.

I cannot, and will never believe, that a Judge who is from Benue and does not understand Yoruba, will be making reference to a Yoruba line in a song in the most trivial of manners for a case as serious as the mandate of the generality of Osun people.

I’m ashamed that something like this can still happen now, when we thought our judiciary was beginning to get things right.

I’m no longer surprised how Akpabio and APC governorship candidate in Akwa Ibom got their judgments.

I went to school with a Kume. I even met one that was a lawyer

garfield1:



Who are the new aspirants and who is ikpeazu candidate

Unclear for now. They just released the timetable today, Primary will be Feb 04.

garfield1:


And same electoral act in section 136 allows judges to declare a winner after cancellation

Victory can only be awarded after cancelled votes from the overvoting polling unit cannot affect the entire results of the election, even if another election is conducted in the overvoting polling units.

onuman:

Victory can only be awarded after cancelled votes from the overvoting polling unit cannot affect the entire results of the election, even if another election is conducted in the overvoting polling units.

Section 136 clearly states that a tribunal can nullify the winner if he wasn't validly elected and declare the next person winner

fergie001:
Unclear for now. They just released the timetable today, Primary will be Feb 04.

Since they are buying forms,it will be free for all

garfield1:


Section 136 subsection 3 States that a tribunal can declare a winner after deduction.the section you quoted applies to inec

Hmmm! 700 polling units appears significant though. Shouldn't there be consideration for a rerun in those polling units?

garfield1:


Section 136 subsection 3 States that a tribunal can declare a winner after deduction.the section you quoted applies to inec

Read the Section-136.. Sub-section-3 again.

The Tribunal or the courts can declare the highest number, provided the candidate satisfied the requirements of the Constitution and the Electoral Act.


Thus,, even the Tribunal and the courts must check for the requirements too..
If not, then the results are INCONCLUSIVE..
(It's not only INEC that gets to check the requirements)


AND YOU KNOW WHAT THAT MEANS??

garfield1:


Since they are buying forms,it will be free for all

Yes

delpee:


Hmmm! 700 polling units appears significant though. Shouldn't there be consideration for a rerun in those polling units?

That's the only spot where I faulted the so-called judgement

BluntCrazeMan:
Read the Section-136.. Sub-section-3 again.

The Tribunal or the courts can declare the highest number, provided the candidate satisfied the requirements of the Constitution and the Electoral Act.


Thus,, even the Tribunal and the courts must check for the requirements too..
If not, then the results are INCONCLUSIVE..
(It's not only INEC that gets to check the requirements)


AND YOU KNOW WHAT THAT MEANS??

Oyetola has satisfied the requirement of having the highest valid votes and spread

delpee:


Hmmm! 700 polling units appears significant though. Shouldn't there be consideration for a rerun in those polling units?

A rerun was not part of the prayers.rerun is for inec during the election proper

fergie001:
Do you know the funny thing, go through one of your threads. You wrote that even days after the election (I think it was Anambra or so), that INEC was yet to update some results in their portal. This is what exactly happened...

Well.
Let's be watching what comes out of this

fergie001:
Yes

But it will most certainly favour ohuhu.some of them in calabar are meeting to travel home.they want to present one candidate from ohafia aro exis

garfield1:


A rerun was not part of the prayers.rerun is for inec during the election proper

If the requirements for “A DIRECT WIN” are not satisfied, then there should be a rerun.

Meanwhile,, in the appeal, the PDP might include it in their prayers