₦airaland Forum

onatisi:
Very concise and apt. It seems PDP still have a lot l
To learn from APC in terms of wining legal battles

When did propaganda lies become the same thing as winning legal battles

fergie001:
Let me do the Osun thread here because of my good friend Johnny...

The PDP filed a suit before the Federal High Court, Osogbo on 27/7/22, challenging the planned abridgement of time for nomination/conduct of LG Elections. The PDP argued that it is not the duty of the Assembly to abridge the time as it is already encapsulated in the Electoral Act 2022, and doing so makes it inconsistent with Sections 29, 30 & 32 of the EA 2022 and also a previous Supreme Court Judgement on this.

However, the APC went on with the bill for abridgement and then Gov, Oyetola signed on 1/8/22. Thereafter, on 15/8/22, notices were published for LG election to be held on 15/10/22. The PDP sought the leave of Court to amend their Originating Summons which the APC argued they didn't have the jurisdiction, however the learned Judge upheld the arguments and allowed for amendment which took place in September 2022.

Parties to the suit filed by PDP were: OSSIEC, INEC, APC & Ors.
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After the notices of 15/8/2022, another Political Party, APP filed a suit, also challenging the legality and otherwise of the abridged time and the LG Election.

Parties to the suit were: OSSIEC, INEC, APC, APM, APGA & Ors.
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Delivering Judgement on 25/11/22 on the PDP suit, the Federal High Court invalidated the election and sacked all elected LG Chairmen and Councillors with CONSEQUENTIAL ORDERS.

On 30/11/22, in the APP suit, the Federal High Court also invalidated the election with the same CONSEQUENTIAL ORDERS.

1. That the notice of election on 15/8/22 was invalid, illegal, unconstitutional, null and void.

2. That all elected LG Chairmen/Councillors vacate their Offices immediately.

3. That the bill for the abridgement of time for nomination/conduct of the election is thereby struck out.
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2 separate Federal High Court Judgements sacked those LG Chairmen/Councillors in 2022.


seunmsg iwaeda akpakomiza2 anonimi ejimatic noblechykk00

See the images....

PDP seems to like wahala [center][/center]

Guestmale:
Therefore the election conducted by Oyetola in twilight of his tenure is valid.

The election is invalid as per the FEDERAL High Court ruling that sacked the LGA officials and upheld by the Appeal Court.

fergie001:
As expected, APC & Ors appealed both judgements.
That of the APP was filed 2/12/22 and that of the PDP in Jan 2023.

We deal with that of the APP here:

Now, the appellants in the image below, filed their motion on notice and even sought reliefs also cited below:

The Records of Appeal should ordinarily get to the Appeal Court in a maximum 60 days but OSSIEC argued that it was past 23 months and no record of appeal hence the appeal should be dismissed.

On 13/1/25, the lawyer for the appellants (APM & APC) admitted that he had not heard from his client since 2/12/2022. Hence, the appeal Court dismissed the Appeal, upholding the decision of the Federal High Court with all its consequential orders. (image 4)

THIS ORDER IS STILL VALID AND SUBSISTING.

seunmsg iwaeda akpakomiza2 anonimi ejimatic noblechykk00

APC propaganda, so pe otilo.

fergie001:
Now to APC's appeal against the PDP.

The APC entered 9 Grounds of appeal; The Appeal Court formulated four questions for determination as stated in Image 3.

Summarily, on Issue 1: The Court held that the amended Originating Summons shouldn't have been allowed because it was incompetent.
The Appeal Court also held that it was premature, as there was no reasonable cause of action.

The suit was filed July 2022, whilst then Governor Oyetola signed the bill on 1/8/22 and notices were published on 15/8/22, hence the Court had no jurisdiction whatsoever to have entertained a suit without a cause of action. It is the cause of action that births a RIGHT OF ACTION.

On Issues 3 & 4: Don't forget that Issue 4 is on the validity of the reinstatement of those officials.

The Court held that these issues were academic and they will not venture to go into it. (Image 4)

Now Issues 1 & 2 are in favour of the appellants, no cause of action, the trial Court was wrong to have granted leave for amendment of the OS.

Now Issues 3 & 4... How far? No judgement z no consequential order.. nothing

Let's not also forget, about the valid order in the APP issue already upheld by the Appeal Court and still EXISTING.

seunmsg iwaeda akpakomiza2 anonimi ejimatic noblechykk00

carzeem1:
Technically, YES! Until a court decides otherwise.

Then Adeleke should wait for their tenure to expire before conducting another election, that is democracy and rule of law.

anonimi:
As dead as the many civil servants and pensioners who died because APC failed to pay their salaries and pensions for 12 years in Osun State

Meanwhile, the man who you call clueless political dullard is clearing the mess of debts owed by the vuvuzela balablu nonentities in APC.

Osun people know who the clueless people are.

that was during Aregbesola era and not Oyetola era. Unlike the clueless heartless Adeleke that sacked all the employees hired by Oyetola government. Time will surely tell.

press9jatv:
that was during Aregbesola era and not Oyetola era. Unlike the clueless heartless Adeleke that sacked all the employees hired by Oyetola government. Time will surely tell.

How much of the Aregbesola hafusa debts and unpaid pensions did his Chief of Staff pay in his own 4 years as governor?

How much of the debt has Adeleke paid?

Do you know see who is clueless and heartless between these two politicians? Abi ebilokan ti fọ ojú rẹ ni?

anonimi:
Tenure that was already cancelled by a FEDERAL High Court in 2022 November, three days before Adeleke was sworn into office?

Dey play o. Dey there dey play instead of equipping yourself with adequate knowledge.

What of the current Judgement of court of appeal?

KEVIND:
Reno Omokri & his zombie followers will soon drag Peter Obi to this

You are the one dragging Peter Obi and that Reno into this. Take your dirty opinion to your state.

Gboom:
What of the current Judgement of court of appeal?

Tell us what it says precisely that you are referring to.

Meanwhile Ismail Omipidan used to be Oyetola’s Chief press secretary.
I expected the comment in favour of APC.

This people shall choose to have selective amnesia. The APP Judgement that sack the Local Government Chairmen is binding to all parties not just the PDP ... You make it look like it is only the PDP that has a locus standi in this matter forgetting they are other actors .

anonimi:
Tell us what it says precisely that you are referring to.

Se o wine mi ni

iwaeda:
When did Igbin Iragbiji conducted election?

Why is your grammar so poor? Night school?

Young man, why are you contradicting yourself?
Firstly i must appreciate you for accepting that you are a layman.
I will use your own submissions to try and clarify you.

The ruling of January 13, 2025, involving the APP, which the PDP wants to use as a lifeline, is already being challenged by way of an application for the relisting of the matter. The application for relisting was filed on January 23, 2025. Therefore, as at today, the matter is still pending. In the light of the foregoing, the only valid judgement that is yet to be challenged remains the one obtained by APC on February 10, 2025.

Therefore, as at today, the matter is still pending.
PENDING

In the light of the foregoing, the only valid judgement that is yet to be challenged remains the one obtained by APC on February 10, 2025.

ONLY VALID JUDGEMENT YET TO BE CHALLENGED.
WHAT IS YOUR DEFINITION OF CHALLENGE AND PENDING?
DO YOU KNOW WHAT IS CALLED A STAY OF EXECUTION?
IF YOU DO, DO YOU HAVE ONE FOR THE MATTER YOU CALL PENDING?
DOES A SIMPLE APPLICATION FOR RELISTING TO A SUIT MAKES THE PRIOR JUDGEMENT ON THE CASE PENDING WITHOUT A STAY OF EXECUTION?
DID THE AGF MENTION THE JUDGEMENT OF THE APP SUIT?
WHY IS THE AGF AVOIDING THE APP JUDGEMENT?
OR WOULD YOU SAY HE IS NOT AWARE OF THE APP SUIT?

At any rate, neither the PDP nor the Osun State Government are parties in the so called APP suit. To that extent, they should not ordinarily benefit from the outcome of that ruling.

LIKE SERIOUSLY? U FUNNY BRO...
SO IF APP ASK COURT TO SACK THE LG CHAIRMEN AND THE COURT GRANTED THEIR REQUEST.
DID YOU THINK IT WOULD BE APP WHO WOULD BENEFIT FROM THE SACKING OF THE LG CHAIRMEN?
OF COURSE, NOT.
PDP DID NOT EVEN NEED TO BE A PARTY TO THE SUIT TO BENEFIT FROM IT.
APP WAS FIGHTING FOR JUSTICE.
WHY DID YOU NOT ASK THE JUDGE THAT MADE THE RULING IN THE APP SUIT TO RESTRAIN THE PDP FROM BENEFITING FROM IT SINCE IT WAS NOT A PARTY TO IT?
APC LOST EVERTHING WHEN IT LOST THE GUBERNATORIAL ELECTIONS, THE BENEFICIARY OF THE COURT RULINGS IS WHOEVER IS IN THE GOVERNMENT HOUSE OSHOGBO WHICH YOU KNOW IS PDP.
KNOW THIS, THE PDP, LP, APC, APP, NNPP AS WELL AS YOU AND I HAVE THE RIGHT TO ORDINARILY BENEFIT FROM THE OUTCOME OF ANY COURT RULING WITHOUT BEING PARTIES TO THE SUIT.
THATS HOW THE WORLD WORKS.

press9jatv:
Osun LG: How PDP played into the hands of APC (Part 2)

By Ismail Omipidan

After reading the submission by Chief Mike Ozekhome, SAN, and other submissions, comments, including insults, following the first part of this piece, I am compelled to make this intervention, especially in the light of the legal opinion from the Attorney-General and Minister of Justice, Prince Lateef Fagbemi.

Let me state clearly from the outset that, contrary to the view held by Chief Ozekhome, SAN, as at today, Friday 21, 2025, the only valid judgement is the Appeal Court judgement of February 10, 2025, reinstating the sacked Council Officials.

As a layman that I am, I beg to disagree with Chief Ozekhome, SAN position that the sacked Council Officials were not reinstated. If I may ask, what is the ordinary meaning of these pronouncements as made by the court: "This Appeal is meritorious and is hereby allowed." Without getting too legalistic, it will be preposterous for anyone to hold that the February 10 judgement did not reinstate the sacked Council Officials, taking into cognisance the prayers of the APC before the learned justices of the Appeal Court.

The APC had prayed the court to grant the following reliefs: “an Order allowing this appeal, an Order setting aside the ruling delivered by the Lower Court on 15th September, 2022 and dismissing the 1st Respondent’s Motion on Notice to amend dated 29th August, 2022 (but filed on 2nd September, 2022), an Order granting the Appellants’ Motion on Notice to dismiss suit dated 28th October, 2022, an Order setting aside and nullifying the judgment of the lower court delivered on 25th November, 2022, an Order invoking Section 16 of the Court of Appeal Act to determine the suit of the 1st Respondent on the basis of the Originating Summons dated 27th July, 2022, an Order dismissing Suit No: FHC/OS/CS/94/2022, an Order restoring the Appellants back into their offices having been duly elected by the citizens of Osun State, and (any) such further or other Orders as this Honourable Court may make in the circumstances of this appeal.”

And all the reliefs sought, particularly an Order “restoring the Appellants back into their offices having been duly elected by the citizens of Osun State,” were all granted by the Appeal Court. So, what exactly is the Benin Chief talking about?

In case Chief Ozekhome does not know, the first judgement obtained in this matter was obtained by the Peoples Democratic Party (PDP) on November 25, 2022. Ordinarily, by virtue of Section 138(1) of the Electoral Act, notwithstanding the purported sacking of the Council officials by the Federal High Court, they are entitled to continue to enjoy the benefits of office untill the matter is dispensed with by the final court.

However, rather than wait until the final court makes its pronouncement, Governor Ademola Adeleke, upon be sworn in on Sunday, November 27, 2022, announced the sacking of the Council Officials vide an Executive Order relying on the 25th November, 2022 judgment. Whereas, the judgement from the Action People's Party (APP) suit, which the PDP and their sympathisers are clinging to, came on November 30, after the governor had taken action. Therefore, technically speaking, that judgement is of no effect, especially because it was not different from that of the PDP, earlier obtained, which was the basis upon which the All Progressives Congress (APC), had approached the court in the first instance.

Although, the APC applied for a stay of execution, it was erroneously denied it. Nonetheless, it continued with the matter by filing a notice of Appeal.

The ruling of January 13, 2025, involving the APP, which the PDP wants to use as a lifeline, is already being challenged by way of an application for the relisting of the matter. The application for relisting was filed on January 23, 2025. Therefore, as at today, the matter is still pending. In the light of the foregoing, the only valid judgement that is yet to be challenged remains the one obtained by APC on February 10, 2025.

At any rate, neither the PDP nor the Osun State Government are parties in the so called APP suit. To that extent, they should not ordinarily benefit from the outcome of that ruling.

Let me remind my readers once more that when Ogbeni Rauf Aregbesola took over in 2010, PDP elected Local Government officials were in place. In spite of the fact that the Action Congress (AC), as it was then known, had challenged the conduct of the election, the same way the PDP did in 2022, the Action Congress of Nigeria (ACN) that later took over the reign of government in 2010, did not dissolve the PDP Council officials. Instead, the government allowed the case to run its full course. Hon. Bamidele Salam, a serving member of the House of Representatives from Osun, who is today pontificating over a non-existent counter ruling to that of February 10, was a beneficiary of that scenario. How come, someone like him, a lawyer did not talk real sense into the heads of those misleading our Dancing Governor?

I said it before, and let me reiterate here that having played into the hands of the APC, all the PDP need to do is to return to the court, while allowing the council officials to take their seats.

I am aware the State Government is still threatening to go ahead with tomorrow's election. Well, that has its own implications. I am aware that there are various suits already challenging the competence of the electoral body's chairman, my good friend and brother, Hasim Abioye, a card-carrying member of the PDP to preside over the exercise. Rather than waste our resources and plunge the state into avoidable state of anarchy, I will strongly advise Mr. Governor to allow reason to prevail over sentiment by returning to the court to perfect the processes.

Mr. Governor, recall that even after the Tribunal stacked you, you remained in office until the matter was decided by the final court. This is what the APC is also asking for. They cannot be sacked by fiat. Anything short of that will be an invitation to anarchy.

I rest my case for now!

Omipidan, a journalist, and author of 'Persona Non Grata,' writes from Abuja.

carzeem1:
Does the Osun state independent electoral commission have a right to conduct election tomorrow Yes or No?
Answer is a definite yes
Is there a timeline specified in the Nigeria constitution where local government election can occur. Yes or No
Answer is No
APC should prepare for the election tomorrow and spoke all thier ranting.
Election timeline has been duly observed and all parties aware of the election, may the best candidate win.

Osun SIEC has no right to conduct election since there is no vacancies in the LG. If Osun SIEC continues with the conduct of election,it will amount to nullity and Osun State money would just be wasted

Gboom:
What of the current Judgement of court of appeal?

Go back and read the January Court of Appeal on APP case also.

There exist a court of Appeal January on APP judgement before this.


Hence the reason APC is trying to re-enlist the Appeal on APP judgement again

kunle4toyeyaho:
Osun SIEC has no right to conduct election since there is no vacancies in the LG. If Osun SIEC continues with the conduct of election,it will amount to nullity and Osun State money would just be wasted

On what basis.

There exist a subsisting High Court judgement by APP, also Appeal court judgment on APP no higher court has vacate that.

It is APC that is shopping for favourable judgements