Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,153,059 members, 7,818,173 topics. Date: Sunday, 05 May 2024 at 09:28 AM

Can Adeleke Prevail At The Apex Court? - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Can Adeleke Prevail At The Apex Court? (4577 Views)

Can Adeleke Appeal The Tribunal Judgement? / CJN, Tinubu, Masari Meet Over Apex Court Ruling On Imo Guber / Supreme Court: NJC To Interview Justices For Apex Court (2) (3) (4)

(1) (2) (Reply) (Go Down)

Can Adeleke Prevail At The Apex Court? by Generalpatton: 2:07pm On Jun 23, 2019
I know its subjudice to discuss matters before a court but i wonder if adeleke can get victory based on what happened at the supreme court hearing on the 17th of June.his lead counsel made grievous errors that may cost him the case,olanipekun as usual took advantage of the technical error and moved a motion to strike out the case.wole best skill is always in defending electoral victories and always prevails using technicalities but performs averagely when he is on the petitioning team.what are the chances of adeleke winning?


Seunmsg
Zoedew
Tuniski
Sirjamo
Metaphysical
Esseite
Ejimatic
Sapphire
Freeze
Lzaa
Kyase
Kenone
Oghenaogie
Re: Can Adeleke Prevail At The Apex Court? by Kyase(m): 2:20pm On Jun 23, 2019
Generalpatton:
I know its subjudice to discuss matters before a court but i wonder if adeleke can get victory based on what happened at the supreme court hearing on the 17th of June.his lead counsel made grievous errors that may cost him the case,olanipekun as usual took advantage of the technical error and moved a motion to strike out the case.wole best skill is always in defending electoral victories and always prevails using technicalities but performs averagely when he is on the petitioning team.what are the chances of adeleke winning?


Seunmsg
Zoedew
Tuniski
Sirjamo
Metaphysical
Esseite
Ejimatic
Sapphire
Freeze
Lzaa
Kyase
Kenone
Oghenaogie
Adeleke will not win simple....

4 Likes

Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 2:23pm On Jun 23, 2019
Kyase:

Adeleke will not win simple....
It is not that simple if not they would have passed judgment on the 17

3 Likes

Re: Can Adeleke Prevail At The Apex Court? by nuban07(m): 2:37pm On Jun 23, 2019
It will be very difficult. After the Zamfara lost APC will never want to lose another state.

2 Likes

Re: Can Adeleke Prevail At The Apex Court? by tuniski: 2:41pm On Jun 23, 2019
Technicality is part of law however there is limit to it.

The supreme court has clearly indicated that the error has been cured when it said the judgement in case 1 will apply to cases 2&3.

July 5th justice will be done. Dazal
Re: Can Adeleke Prevail At The Apex Court? by tuniski: 2:44pm On Jun 23, 2019
nuban07:
It will be very difficult. After the Zamfara lost APC will never want to lose another state.

Apc,pdp or any other party won't want to lose but, justice is justice and it shall be served at the supreme court. If justice means apc losing again and again so be it!

7 Likes 1 Share

Re: Can Adeleke Prevail At The Apex Court? by Kyase(m): 2:52pm On Jun 23, 2019
Generalpatton:

It is not that simple if not they would have passed judgment on the 17
Nigeria court doesnt pass judgement, same day with the hearing.....
Or you don ever see one like that....
That seating allowance them must chop am double

2 Likes

Re: Can Adeleke Prevail At The Apex Court? by Kyase(m): 2:54pm On Jun 23, 2019
tuniski:


Apc,pdp or any other party won't want to lose but, justice is justice and it shall be served at the supreme court. If justice means apc losing again and again so be it!
And it is not justices if pdp lose again and again ko

2 Likes

Re: Can Adeleke Prevail At The Apex Court? by tuniski: 2:55pm On Jun 23, 2019
Kyase:

And it is not justices if pdp lose again and again ko

It is justice.

3 Likes 1 Share

Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 2:57pm On Jun 23, 2019
tuniski:
Technicality is part of law however there is limit to it.

The supreme court has clearly indicated that the error has been cured when it said the judgement in case 1 will apply to cases 2&3.

July 5th justice will be done. Dazal
No sir,it has not been cured sir that is why olanipekun said it is incurable.go back to the review of the sittings,ikpeazu moved a motion to amend the errors which the court proposed to rule on with the main judgment on the 5 july

2 Likes

Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 3:17pm On Jun 23, 2019
The major grounds of pdp suit is that one alterations in 17 units constitute grounds for substantial non compliance and therefore results here must be canceled.
Secondly that during the first elections that adeleke s mm satisfied constitutional requirements and should have been declared winner and that supplementary polls are an illegality
Thirdly that the 7 polling units where elections took place shouldn't have happened since elevtions there were cancelled by the state rec instead of the prrsiding officers.
Fourthly that justice obiora was never absent in court and if he was,it is not enough grounds to nullify the panel sittings.
Finally that the rerun polls was characterized by massive riggings and violence.
They also filed a cross appeal

In response,apc replied that in 2016 the supreme court upheld supplementary polls during the kogi guber petition.
That alterations on the result sheets did not affect the votes scored by each other.it affected other columns only.that the scores in the original were same in the pink copies held by parties.therefore,it does not constitute substantial non compliance.i age with them
They also averred that justice obiora missed one of the sittings were key witnesses were testifying but ended up writing the lead judgment.according to them,they cited 7 supreme court judgments where the judgment or vote of a judge who missed a sitting was nullified or canceled.ejimatic csn help us out.agree with them here.
That elections didnt actually hold in the 7 polling units during the first elections and that presiding officers actually canceled the elections.
That section 140 of the electoral act forbids tribunals from declaring a winner and this was upheld by a full panel of the supreme court.i agree

4 Likes

Re: Can Adeleke Prevail At The Apex Court? by gameboyo: 3:47pm On Jun 23, 2019
tuniski:
Technicality is part of law however there is limit to it.

The supreme court has clearly indicated that the error has been cured when it said the judgement in case 1 will apply to cases 2&3.

July 5th justice will be done. Dazal

Pls explain this

1 Like

Re: Can Adeleke Prevail At The Apex Court? by Pat081: 3:56pm On Jun 23, 2019
He will With God grace

2 Likes

Re: Can Adeleke Prevail At The Apex Court? by Pat081: 3:56pm On Jun 23, 2019
He will With God grace ...

1 Like 1 Share

Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 4:33pm On Jun 23, 2019
gameboyo:


Pls explain this
As usual,he cant.he loves making wild claims

1 Like

Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 4:33pm On Jun 23, 2019
Ejimatic say something
Re: Can Adeleke Prevail At The Apex Court? by tuniski: 4:35pm On Jun 23, 2019
gameboyo:


Pls explain this

There are four appeals by PdP/adeleke and the supreme court on 17th of this month's hearing declared that their judgement on the first appeal will be applicable to appeals 2&3 while appeal 4 will stand alone.

In essence, there will be 2 judgments on July 5th even though there are 4 appeals. This clearly indicates that substantive justice rather than technicalities will prevail.

2 Likes

Re: Can Adeleke Prevail At The Apex Court? by tuniski: 4:38pm On Jun 23, 2019
Generalpatton:

As usual,he cant.he loves making wild claims
You mean you have wild Imagination abi?

1 Like 1 Share

Re: Can Adeleke Prevail At The Apex Court? by zoedew: 5:10pm On Jun 23, 2019
Generalpatton:
I know its subjudice to discuss matters before a court but i wonder if adeleke can get victory based on what happened at the supreme court hearing on the 17th of June.his lead counsel made grievous errors that may cost him the case,olanipekun as usual took advantage of the technical error and moved a motion to strike out the case.wole best skill is always in defending electoral victories and always prevails using technicalities but performs averagely when he is on the petitioning team.what are the chances of adeleke winning?


Seunmsg
Zoedew
Tuniski
Sirjamo
Metaphysical
Esseite
Ejimatic
Sapphire
Freeze
Lzaa
Kyase
Kenone
Oghenaogie

You see, the matters in contention are beyond the technical. The truth is that where you do not do what is required to actuate the jurisdiction of a court the Suit is bound to fail. Even where the court sees differently- which will be laying a dangerous precedent as rules of court are made to be obeyed- the Leading Judgment Of The Tribunal Of first instance is incurably bad having been written by a Member who was not present when the evidence he purported to review in the said Judgment was given. Adeleke is flat. July 5, 2019 is close by.

1 Like

Re: Can Adeleke Prevail At The Apex Court? by ejimatic: 5:15pm On Jun 23, 2019
Generalpatton:
I know its subjudice to discuss matters before a court but i wonder if adeleke can get victory based on what happened at the supreme court hearing on the 17th of June.his lead counsel made grievous errors that may cost him the case,olanipekun as usual took advantage of the technical error and moved a motion to strike out the case.wole best skill is always in defending electoral victories and always prevails using technicalities but performs averagely when he is on the petitioning team.what are the chances of adeleke winning?


Seunmsg
Zoedew
Tuniski
Sirjamo
Metaphysical
Esseite
Ejimatic
Sapphire
Freeze
Lzaa
Kyase
Kenone
Oghenaogie
. I appreciate my inclusion on this platform.All opinions expressed are respected. Every litigation has an end .and the the end is Supreme court in Nigeria.From my personal observations the issues before the apex court are. 1. Is the absence of Obiora makes the tribunal majority judgement a nullity? The electoral laws and constitutions repealed by the PDP government stipulate that a judge must be present in all sittings to assess the witnesses and observe their comportment. If a judge is absent even in a sitting it makes the whole process a nullity. .Section 258 of the constitution. There are supreme court judgements on this even during the Former CJN. Katisina ALU. Adeleke will loose this 2. Can the tribunal annul add up votes or subtract votes and declare winner? Section 148 of the electoral law states categorically that the tribunal has no right to declare winner from adding or subtracting votes. If votes are debated rerun can be ordered. Adeleke will lose here too. 3 Is the alteration in the seventheen polling units an aberration? The Supreme court opinion is that any INEC official can cancel votes and fill appropriate form for it to back it up...Such cancellation must be acceptable by the state returning officer.Additionally if the party agents agreed to the cancellation and number in the overall result sheets tally with what all party agents have. the results are binding..Adeleke will lose this too. At the collation center nobody raised an alarm when the debated votes were being reconciled. 4 Was the rerun necessary even when Adeleke was leading with 300/votes? The electoral law states that when margin between the winner and loser is not up to number of votes in areas where votes did not take place. a rerun must be ordered. IMO Kogi and Kano elections supra. In the case of IMO winner was leading with over 100 thousand still rerun was ordered. Adeleke will lose here too. as the rerun is constitutional..5 Was the rerun filled with violence? Electoral laws and constitution differentiate between criminal matter and electoral matter.If there is a violence at the polling unit it it an electoral matter.the votes will be cancelled..if the violence takes place far away from the polling booth it is a criminal matter.In all areas where rerun took place no violence report in the polling booths so the results are acceptable. Any case of violence which took place outside the polling Ares are criminal matters and do not affect the results.. Here Adeleke will lose again.....From all indications. for Adeleke to win the case Nigerian laws and electoral laws will be rewritten before July 5 2017....Oyeyola APC has better chances.

12 Likes 3 Shares

Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 5:40pm On Jun 23, 2019
zoedew:


You see, the matters in contention are beyond the technical. The truth is that where you do not do what is required to actuate the jurisdiction of a court the Suit is bound to fail. Even where the court sees differently- which will be laying a dangerous precedent as rules of court are made to be obeyed- the Leading Judgment Of The Tribunal Of first instance is incurably bad having been written by a Member who was not present when the evidence he purported to review in the said Judgment was given. Adeleke is flat. July 5, 2019 is close by.
Any laws or judicial precedent to back this assertion
Re: Can Adeleke Prevail At The Apex Court? by zoedew: 6:18pm On Jun 23, 2019
Generalpatton:

Any laws or judicial precedent to back this assertion

Perfect the brief and it’ll be available.

1 Like

Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 6:22pm On Jun 23, 2019
ejimatic:
. I appreciate my inclusion on this platform.All opinions expressed are respected. Every litigation has an end .and the the end is Supreme court in Nigeria.From my personal observations the issues before the apex court are. 1. Is the absence of Obiora makes the tribunal majority judgement a nullity? The electoral laws and constitutions repealed by the PDP government stipulate that a judge must be present in all sittings to assess the witnesses and observe their comportment. If a judge is absent even in a sitting it makes the whole process a nullity. .Section 258 of the constitution. There are supreme court judgements on this even during the Former CJN. Katisina ALU. Adeleke will loose this 2. Can the tribunal annul add up votes or subtract votes and declare winner? Section 148 of the electoral law states categorically that the tribunal has no right to declare winner from adding or subtracting votes. If votes are debated rerun can be ordered. Adeleke will lose here too. 3 Is the alteration in the seventheen polling units an aberration? The Supreme court opinion is that any INEC official can cancel votes and fill appropriate form for it to back it up...Such cancellation must be acceptable by the state returning officer.Additionally if the party agents agreed to the cancellation and number in the overall result sheets tally with what all party agents have. the results are binding..Adeleke will lose this too. At the collation center nobody raised an alarm when the debated votes were being reconciled. 4 Was the rerun necessary even when Adeleke was leading with 300/votes? The electoral law states that when margin between the winner and loser is not up to number of votes in areas where votes did not take place. a rerun must be ordered. IMO Kogi and Kano elections supra. In the case of IMO winner was leading with over 1000 thousand still rerun was ordered. Adeleke will lose here too. as the rerun is constitutional..5 Was the rerun filled with violence? Electoral laws and constitution differentiate between criminal matter and electoral matter.If there is a violence at the polling unit it it an electoral matter.the votes will be cancelled..if the violence takes place far away from the polling booth it is a criminal matter.In all areas where rerun took place no violence report in the polling booths so the results are acceptable. Any case of violence which took place outside the polling Ares are criminal matters and do not affect the results.. Here Adeleke will lose again.....From all indications. for Adeleke to win the case Nigerian laws and electoral laws will be rewritten before July 5 2017....Oyeyola APC has better chances.
you have started your lies of epistles already. Like I always say, it will never hold any water .All the 7 judges will decide on the pdp appeal and they will start their judgement from tribunal judgement. Your epistles here is trash as expected. Very biased.

3 Likes 1 Share

Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 6:26pm On Jun 23, 2019
ejimatic:
. I appreciate my inclusion on this platform.All opinions expressed are respected. Every litigation has an end .and the the end is Supreme court in Nigeria.From my personal observations the issues before the apex court are. 1. Is the absence of Obiora makes the tribunal majority judgement a nullity? The electoral laws and constitutions repealed by the PDP government stipulate that a judge must be present in all sittings to assess the witnesses and observe their comportment. If a judge is absent even in a sitting it makes the whole process a nullity. .Section 258 of the constitution. There are supreme court judgements on this even during the Former CJN. Katisina ALU. Adeleke will loose this 2. Can the tribunal annul add up votes or subtract votes and declare winner? Section 148 of the electoral law states categorically that the tribunal has no right to declare winner from adding or subtracting votes. If votes are debated rerun can be ordered. Adeleke will lose here too. 3 Is the alteration in the seventheen polling units an aberration? The Supreme court opinion is that any INEC official can cancel votes and fill appropriate form for it to back it up...Such cancellation must be acceptable by the state returning officer.Additionally if the party agents agreed to the cancellation and number in the overall result sheets tally with what all party agents have. the results are binding..Adeleke will lose this too. At the collation center nobody raised an alarm when the debated votes were being reconciled. 4 Was the rerun necessary even when Adeleke was leading with 300/votes? The electoral law states that when margin between the winner and loser is not up to number of votes in areas where votes did not take place. a rerun must be ordered. IMO Kogi and Kano elections supra. In the case of IMO winner was leading with over 1000 thousand still rerun was ordered. Adeleke will lose here too. as the rerun is constitutional..5 Was the rerun filled with violence? Electoral laws and constitution differentiate between criminal matter and electoral matter.If there is a violence at the polling unit it it an electoral matter.the votes will be cancelled..if the violence takes place far away from the polling booth it is a criminal matter.In all areas where rerun took place no violence report in the polling booths so the results are acceptable. Any case of violence which took place outside the polling Ares are criminal matters and do not affect the results.. Here Adeleke will lose again.....From all indications. for Adeleke to win the case Nigerian laws and electoral laws will be rewritten before July 5 2017....Oyeyola APC has better chances.
senator Ademola Adeleke will never lose any case. Each and everyone knows that the jankara judgments in the appeal court was highly bought. Thanks to justice mbaba for saying the truths on the case. Oyetola will be disgrace in the court of justice. Thanks to supreme court that always do the needful in serving justice to any case that comes to their court. Thanks also to Dr. Ikpeazu for bringing good appeals that goes with the laws that's backing our constitution and amended electoral act. God bless Dr. Ikpeazu more. Olorunoba agbewa nija ni ile ejo Supreme Court.

1 Like 1 Share

Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 6:53pm On Jun 23, 2019
Generalpatton:
I know its subjudice to discuss matters before a court but i wonder if adeleke can get victory based on what happened at the supreme court hearing on the 17th of June.his lead counsel made grievous errors that may cost him the case,olanipekun as usual took advantage of the technical error and moved a motion to strike out the case.wole best skill is always in defending electoral victories and always prevails using technicalities but performs averagely when he is on the petitioning team.what are the chances of adeleke winning?


Seunmsg
Zoedew
Tuniski
Sirjamo
Metaphysical
Esseite
Ejimatic
Sapphire
Freeze
Lzaa
Kyase
Kenone
Oghenaogie


The Supreme Court today (Monday) spent about four hours

devoted to the long drawn battle for Osun governorship.

Chairing was the Chief Justice himself, Tanko Mohammed

who alertedly coordinated the hearing ,enforcing rules and

affirming the apex court readiness to do justice.

As much as the final judgement is scheduled for July 5th,the

public beyond political propaganda may want to peruse the

following as the takeaways from the hearing:

1. CJN’S FRANKNESS

Contrary to insinuations, the CJN demonstrated fairness,

alertness and passion for adjudication with justice as the

ultimate goal. Repeatedly, he affirmed: “We will read your

briefs twice ,thrice and even more before we write our

judgement. We will do justice”. The insistence to follow

substance rather than technicalities was clearly evident.

2. COUNSELS’ STRATEGIES

The counsels on both sides were at maximum alert. The

respondents’ lawyers adopted the strategy of dodging the

issue, the substance of the case,opting for an exit strategy by picking for errors in the appellant’s brief. Interestingly, the only one the counsel got on one of the four Appeals under

consideration was a secondary error which does not touch the primary core of the appeal. The Appellant’s counsels on the other hand combined combative corrective measures before the lord justices while maintaining the focus on the core grounds of the appeal;

3. CONSOLIDATION OF APPEALS

The CJN directed consolidation of the four appeals into two

even while allowing all issues to be mentioned and addressed.

The main appeal and the cross appeal which was a

constitutional issue were adopted under dramatic setting. The more than 30 grounds canvassed by the Appellant were thus consolidated .The goal was to fast track the hearing and ease the writing of final judgement;

4. UNANSWERED MAIN APPEAL

The appellant’s counsel adopted the brief of the main appeal

which was seeking upturning of Appeal Court judgement and

seeking declaration of Ademola Adeleke as the governor of

Osun state. Interestingly, neither APC nor INEC filed any brief

on this. Both supported the brief filed by Gboyega Oyetola

through his counsel, Wole Olanipekun.

5. CROSS APPEAL SHOTS

The appellant also adopted the brief for the cross appeal,

positing that on constitutional ground, Senator Ademola

Adeleke should have been declared winner based on

September 22 poll results by the INEC in compliance with

Section 179. (2) of CFRN. They also Cited a Supreme Court

judgement in the case of Buhari versus Obasanjo, where the

Supreme court struck down the INEC manual on use of Card

Readers as it conflicted with the Electoral Act. The appellant

argued that any additional conditions for winning election not known to the constitution should be struck down by the apex court. The CJN and others took copious note during the presentations.

6. APEALLANTS’ LEGAL ERUDITION

Argument that September 22 outcome did not satisfy

constitutional requirement of election being held in all parts of the state constituency was countered by appellant’s counsel.

The cancellation of seven polling units was described as an

illegal act designed to rob the winner of September 22 victory through the holding of another illegal rerun on the 27th;

7.WEAK DEFENCE

The Oyetola/APC team at the Supreme Court today failed to

come up with ANY CREDIBLE defense against Sen Ademola

Adeleke’s solid grounds of Appeal to be declared legitimate

Governor of Osun state having satisfied the requirements of

Section 179 (2) of the Constitution of the Federal Republic of

Nigeria.

Instead of arguing the merits of the case,the respondent went wild with a Preliminary Objection based on an observed minor typo at the last page of the notice of Appeal as transmitted by the Appeal court, particularly page 4,027, where the counsels were listed as “Counsel to the Respondents” instead of “Counsel to the Appellant”. A very trivial and inconsequential typo.

8. CRITICAL LEGAL NOTE

The Supreme Court ruled In JERIC NIGERIA LIMITED v. UNION BANK OF NIGERIA PLC (2000) 14 NWLR (pt.691), the Supreme Court per KALGO JSC at page 458 that quoted in part:

“…….. The error is as in my respectful view not fatal as to

render the appeal incompetent. It is also true as submitted by the learned counsel for the respondent that this court has long moved away from sticking to technicalities as opposed, to the determination of parties rights on merits and substantial justice. See the State v. Gwonto (1983) 1 SCNLR at 160; Amako v. The state (1995) 6 NWLR (pt. 399) 11 at 26; Akpan v. The State (1992) 6 NWLR (pt. 248) 439.

“I am therefore satisfied and hereby find that the putting in of

the year *”1996 instead of “1997” in referring to the date of the judgment of the trial court appealed against to the Court of Appeal on the Notice of Appeal filed by the respondent, is a mere irregularity in the circumstances and did not vitiate the appeal or render the Court of Appeal incompetent to entertain the appeal”.*

9. THE WEAK FOCUS

The typo that respondent’s counsels based their arguments on was so inconsequential that it did not affect them in their

replies as they did not refer to it in any of their reply briefs, it

also occurred in 1 out of 4 Appeals filed by Senator Adeleke’s

team of Counsels, there cannot therefore be any basis for

concern or alarm.

10. CONCLUSION

Judgement on the consolidated Appeals 553, 554 and 555 as well as the separate cross Appeal 556 were reserved till the 5th of July, 2019.



Adebisi who was in Abuja is based at Ikoyi Lagos.



www.promptnewsonline.com/osun-guber-11-takeaways-from-supreme-court-hearing-by-adebiyi-adebisi/

2 Likes 2 Shares

Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 9:03pm On Jun 23, 2019
Johnnyessence:


The Supreme Court today (Monday) spent about four hours

devoted to the long drawn battle for Osun governorship.

Chairing was the Chief Justice himself, Tanko Mohammed

who alertedly coordinated the hearing ,enforcing rules and

affirming the apex court readiness to do justice.

As much as the final judgement is scheduled for July 5th,the

public beyond political propaganda may want to peruse the

following as the takeaways from the hearing:

1. CJN’S FRANKNESS

Contrary to insinuations, the CJN demonstrated fairness,

alertness and passion for adjudication with justice as the

ultimate goal. Repeatedly, he affirmed: “We will read your

briefs twice ,thrice and even more before we write our

judgement. We will do justice”. The insistence to follow

substance rather than technicalities was clearly evident.

2. COUNSELS’ STRATEGIES

The counsels on both sides were at maximum alert. The

respondents’ lawyers adopted the strategy of dodging the

issue, the substance of the case,opting for an exit strategy by picking for errors in the appellant’s brief. Interestingly, the only one the counsel got on one of the four Appeals under

consideration was a secondary error which does not touch the primary core of the appeal. The Appellant’s counsels on the other hand combined combative corrective measures before the lord justices while maintaining the focus on the core grounds of the appeal;

3. CONSOLIDATION OF APPEALS

The CJN directed consolidation of the four appeals into two

even while allowing all issues to be mentioned and addressed.

The main appeal and the cross appeal which was a

constitutional issue were adopted under dramatic setting. The more than 30 grounds canvassed by the Appellant were thus consolidated .The goal was to fast track the hearing and ease the writing of final judgement;

4. UNANSWERED MAIN APPEAL

The appellant’s counsel adopted the brief of the main appeal

which was seeking upturning of Appeal Court judgement and

seeking declaration of Ademola Adeleke as the governor of

Osun state. Interestingly, neither APC nor INEC filed any brief

on this. Both supported the brief filed by Gboyega Oyetola

through his counsel, Wole Olanipekun.

5. CROSS APPEAL SHOTS

The appellant also adopted the brief for the cross appeal,

positing that on constitutional ground, Senator Ademola

Adeleke should have been declared winner based on

September 22 poll results by the INEC in compliance with

Section 179. (2) of CFRN. They also Cited a Supreme Court

judgement in the case of Buhari versus Obasanjo, where the

Supreme court struck down the INEC manual on use of Card

Readers as it conflicted with the Electoral Act. The appellant

argued that any additional conditions for winning election not known to the constitution should be struck down by the apex court. The CJN and others took copious note during the presentations.

6. APEALLANTS’ LEGAL ERUDITION

Argument that September 22 outcome did not satisfy

constitutional requirement of election being held in all parts of the state constituency was countered by appellant’s counsel.

The cancellation of seven polling units was described as an

illegal act designed to rob the winner of September 22 victory through the holding of another illegal rerun on the 27th;

7.WEAK DEFENCE

The Oyetola/APC team at the Supreme Court today failed to

come up with ANY CREDIBLE defense against Sen Ademola

Adeleke’s solid grounds of Appeal to be declared legitimate

Governor of Osun state having satisfied the requirements of

Section 179 (2) of the Constitution of the Federal Republic of

Nigeria.

Instead of arguing the merits of the case,the respondent went wild with a Preliminary Objection based on an observed minor typo at the last page of the notice of Appeal as transmitted by the Appeal court, particularly page 4,027, where the counsels were listed as “Counsel to the Respondents” instead of “Counsel to the Appellant”. A very trivial and inconsequential typo.

8. CRITICAL LEGAL NOTE

The Supreme Court ruled In JERIC NIGERIA LIMITED v. UNION BANK OF NIGERIA PLC (2000) 14 NWLR (pt.691), the Supreme Court per KALGO JSC at page 458 that quoted in part:

“…….. The error is as in my respectful view not fatal as to

render the appeal incompetent. It is also true as submitted by the learned counsel for the respondent that this court has long moved away from sticking to technicalities as opposed, to the determination of parties rights on merits and substantial justice. See the State v. Gwonto (1983) 1 SCNLR at 160; Amako v. The state (1995) 6 NWLR (pt. 399) 11 at 26; Akpan v. The State (1992) 6 NWLR (pt. 248) 439.

“I am therefore satisfied and hereby find that the putting in of

the year *”1996 instead of “1997” in referring to the date of the judgment of the trial court appealed against to the Court of Appeal on the Notice of Appeal filed by the respondent, is a mere irregularity in the circumstances and did not vitiate the appeal or render the Court of Appeal incompetent to entertain the appeal”.*

9. THE WEAK FOCUS

The typo that respondent’s counsels based their arguments on was so inconsequential that it did not affect them in their

replies as they did not refer to it in any of their reply briefs, it

also occurred in 1 out of 4 Appeals filed by Senator Adeleke’s

team of Counsels, there cannot therefore be any basis for

concern or alarm.

10. CONCLUSION

Judgement on the consolidated Appeals 553, 554 and 555 as well as the separate cross Appeal 556 were reserved till the 5th of July, 2019.



Adebisi who was in Abuja is based at Ikoyi Lagos.



www.promptnewsonline.com/osun-guber-11-takeaways-from-supreme-court-hearing-by-adebiyi-adebisi/
Please,stay out of this thread.you are not wanted here

2 Likes

Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 9:12pm On Jun 23, 2019
Generalpatton:

Please,stay out of this thread.you are not wanted here
lol you funny, I guess you are senatordave1. Just wait for Supreme Court judgment on July 5th OK. Be patient with the 7 supreme court judges OK.

1 Like 1 Share

Re: Can Adeleke Prevail At The Apex Court? by Johnnyessence(m): 9:13pm On Jun 23, 2019
Generalpatton:

Please,stay out of this thread.you are not wanted here
lol you funny, I guess you are senatordave1. Just wait for Supreme Court judgment on July 5th OK. Be patient with the 7 supreme court judges OK. What osun state people want is justice on the case .

1 Like 1 Share

Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 9:16pm On Jun 23, 2019
tuniski:


There are four appeals by PdP/adeleke and the supreme court on 17th of this month's hearing declared that their judgement on the first appeal will be applicable to appeals 2&3 while appeal 4 will stand alone.

In essence, there will be 2 judgments on July 5th even though there are 4 appeals. This clearly indicates that substantive justice rather than technicalities will prevail.
You are too learned to start confusing yourself.seems you are new to tribunal procedures.those appeals you mentioned are the main or substantive suit and can only be treated if preliminary objections and technicalities are struck out.they will also look at the request for amendment by ikpeazu.too many hurdles to cross for adeleke.i wont be surprised if that error that was noticed on the 17 was due to sabotage or deliberate.
The second appeal will not matter if the first appeal goes against adeleke,the first appeal being against the appeal court ruling on justice obiora's absence.if his absent is deemed to distort the composition of the panel,then it is over.the 2nd appel will just be mere academic exercise,pure formalities.
Re: Can Adeleke Prevail At The Apex Court? by tuniski: 9:48pm On Jun 23, 2019
Generalpatton:

You are too learned to start confusing yourself.seems you are new to tribunal procedures.those appeals you mentioned are the main or substantive suit and can only be treated if preliminary objections and technicalities are struck out.they will also look at the request for amendment by ikpeazu.too many hurdles to cross for adeleke.i wont be surprised if that error that was noticed on the 17 was due to sabotage or deliberate.
The second appeal will not matter if the first appeal goes against adeleke,the first appeal being against the appeal court ruling on justice obiora's absence.if his absent is deemed to distort the composition of the panel,then it is over.the 2nd appel will just be mere academic exercise,pure formalities.

You get it very wrong. The first consolidated appeal deals with the Appeal court judgment while the 4 stand alone challenges the legality of the supplementary election which is inconsistent with the provision of section 179 of the constitution.

That is why they are taken separately. The technicality is limited to the processes of the trial while the 4th appeal is on interpretation and import of the provision of the constitution;simple majority and 25% of 2/3. That the margin of victory introduction is alien to the constitution.

1 Like 1 Share

Re: Can Adeleke Prevail At The Apex Court? by Generalpatton: 11:50pm On Jun 23, 2019
tuniski:


You get it very wrong. The first consolidated appeal deals with the Appeal court judgment while the 4 stand alone challenges the legality of the supplementary election which is inconsistent with the provision of section 179 of the constitution.

That is why they are taken separately. The technicality is limited to the processes of the trial while the 4th appeal is on interpretation and import of the provision of the constitution;simple majority and 25% of 2/3. That the margin of victory introduction is alien to the constitution.
You are the one that is wrong.the first three appeals are grounds in one suit.the 2nd appeal is a cross appeal.but let me not argue further because you never accept defeat.to show you that you that your legal knowledge is limited,you are treating the technicalities lightly.that is the first thing any court rules on that is why its called preliminary objections.if the supreme court finds merit in them,the case is over.ask any lawyer friend around you to educate you more before you misled yourself again.
According to you,the first appeal deals with the appeal judgment.if the supreme uphelds it especially the one relating to the absence of justice obiora,the 4th appeal is dead.try and understand simple things
Re: Can Adeleke Prevail At The Apex Court? by lakesidepapa(m): 12:27am On Jun 24, 2019
Chief Wole Olanipekun, one of the old students of ilesha grammar school. I respect this man..

(1) (2) (Reply)

Gov. Ugwuanyi Presents N169.56 Billion 2020 Budget Proposal / Wake Up You Are Dealing With Descendants Of Usman Dan Fodio(photos) / 2023: Enugu Traders Endorse Ugwuanyi, Mbah, PDP

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 109
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.