₦airaland Forum

WATCHOVER:
That is a judicial issue not the parties involved. In this case the Supreme Court would have ordered a retrial

a retrial would have been the best solution to this issue of judicial error!
but the problem is HOW does the supreme court order a retrial in this case when that is not what the counsels of the parties are contending in the case before it.The supreme court cannot introduce it on behalf of the parties

Rather the counsel to Adeleke or Oyetola would have sought for a retrial from the lower courts tirst

This they did not pursue because they both had judgements in their favour and approached the supreme court to DETERMINE which of the two JUDGEMENT is CORRECT.

zoedew:
Many feel Obiora, J seeming Greek Gift Judgment is the reason.

Many have heavily criticised Obiora, J for writing the majority judgment in the matter between Sen. Ademola Adeleke and Gov. Oyetola at The Osun State Governorship Elections Petition Tribunal on the ground that it made the Supreme Court rule the way it did yesterday and in favour of Gov. Oyetola. They want his head on a platter! Some say he acted as a fifth columnist who helped destroy Sen. Ademola Adeleke‘s case.

Many feel the Supreme Court went technical when they ruled against Sen. Ademola Adeleke.

What they omitted to consider is the fact that the concept of justice is not one way and that allowing the judgment of Obiora J, who did not witness the demeanour of the witness to stand wouldamount to injustice to the Respondents who are entitled to a judgment written by a competent Judge.

A judgment of a trial court is the application of the law to facts provided before a judge who was afforded the opportunity to witness the demeanour of the witness while the testimony was underway. Truth is that the finding of fact of a trial court is considered so important that appellate courts are loathe to disturb same unless it is perverse. It cannot be contested that one cannot put something on nothing therefore Obiora’s Judgment having been based on the review of a testimony he did not observe must be struck down!


As to visiting the sin of Counsel on the litigant the Counsel committed no sin in the matter. How is Counsel to know who among the Judges on The Panel will be assigned to write the majority judgment such as would afford him the opportunity to point out Obiora’s incompetency to write same. The judgment of a lower court is reviewable by a superior court and where found to be without a justifiable basis as in this instance it is simply struck down.


Also, the moral of the whole matter cannot be ignored by Their Lordships who themselves as parents and grandparents will not be proud of a truant and an ill-suited personality becoming Governor of a State. Sen. Ademola Adeleke is an example of how a child should not grow up in school. They did the needful!

In all the circumstances The Appelant may wish to write a Petition against Obiora J and his other compatriot in the trial tribunal for reviewing evidence he never listened to!

. I am yet to understand why Obiorahs was absent on that day.Was he acting a script written by some people in favour of PDP? Why did he not allow another judge to write the judgement which he would concur? Why absence when APC was presenting witnesses who he later assessed in his lead judgement.Was his judgement fair to the respondent? Like appeal court and supreme court I declare his judgement a nullity.

ejimatic:
. It is almost not far fetched to say that Adeleke’s case was dead on arrival, and just one man inability to be at the right place at the right time had rid Adeleke of a victory that could have been.

The absence of Peter Obiora at a very important hearing had been the greatest “spoiler” of all times and seemed almost like an easy way for Isiaka Gboyega Oyetola to stamp his victory on Osun. After months of uncertainty and wait in the judicial wilderness the legal tangle has finally been brought to a close and unfortunately it didn’t end well for Adeleke. Why had Adeleke not stood a chance from the very moment he was declared winner? Let us take a critical look at how everything has played out from the beginning and the exact point  Adeleke began his fall to “loosedom”.

Why Adeleke Lost

The three man panel that had been set up in 2018 had declared Adeleke  winner in March 2019, their bases being that the rerun election that held on September 27, 2018, was illegal and had consequently  declared Adeleke the winner. In the first ballot that had been held on September 22.  PDP candidate won majority votes of 254,698 votes while Mr Oyetola of the APC came a close second with 254,345 votes.

However, at the supplementary, reverse had been the case and Oyetola had won. With the cancellation of the rerun one would think that a final victory had been struck but unfortunately a loophole had been created and therein lies the beginning of the end for Adeleke.

Out of the three man panel in the tribunal, one Justice Peter Obiora had been absent on February 6, 2019 when a major discussion on the issue of none-compliance was tabled and according to the ruling which had been given by the supreme court his absence meant that he therefore could not have viewed the issue squarely.



It had been observed that Justice Obiora had not signed a record that he was present at the tribunal on February 6.  They had stated that the fact that one of the judges did not sit during a tribunal and had gone ahead to deliver judgment was a very serious matter.



His lack of sitting had declared the judgment of the tribunal null and void, therefore the supplementary elections of Oyetola now stands and he is therefore the winner of the Osun 2018 Gubernatorial. What a loophole!

One begin to wonder if the supreme court was right to base its judgment on such an unfortunate technicality and not on the initial election itself that had been held on the 22nd of September. Let us take a look at some court cases that have some similarity to this present mishap that led to the Adeleke’s loss.



In the case of Ubwa vs Tiv Area Traditional Council, Justice Magaji JCA who had not participated in the initial hearing of the case wrote and delivered a judgment that had been heard by Akpabio, Umoren and Chukwuma-Eneh, JJCA. The apex court after considering sections 247(1), 294(2) ad (4) of the 1999 constitution declared the judgment a nullity and consequently ordered a retrial.



We also have  Sokoto State Government Vs Kamdex Nig limited. In this case Justice Galadima who did not hear the appeal had delivered a concurring judgment that had been heard by Justices Ogebe, Aderemi and Chukwuma-Eneh, which led to the supreme court saying that it was not a complete judgment of the court of appeal because because one of the Justices who heard the appeal did not reduce his judgment or opinion in writing capable of being delivered … as required by section 294(2) of the 1999 constitution.



We also have the case of Awolola v Governor Ekiti State (2019) All FWLR, however in this case if the judgment of the judge who is not a member of the original panel is discountenanced, the judgment still stood as judgment of the majority. This is not so in the case of Oyetola v Adeleke’s where the panel was made up of three members and one of them had voted against Adeleke. The card of the judgment of the majority would not play out in this case  since the Supreme Court has found the judgment of Peter Obiora invalid because he did not sit with the original panel on February 6  as shown by the records of appeal that is made up of three members.



The absence of Justice Peter Obiorah through out the hearing had given Oyetola an upper hand right from the beginning. It is almost unbelievable that Adeleke’s lawyers could not see this even while it was quite glaring.

According to what is provided within section 285(4) of the 1999 constitution the tribunal of an election shall be the chairman and two members and if that is not the case then the judgment on that hearing has no bases and is rendered null and void.

If only Peter Obiorah had been present in that very important hearing, then maybe, just maybe it would have been a  different story, a different victory that would have played out.

I .am yet to understand why Obiorahs was absent on that day.Was he acting a script written by some people in favour of PDP? Why did he not allow another judge to write the judgement which he would concur? Why absence when APC was presenting witnesses who he later assessed in his lead judgement.Was his judgement fair to the respondent? Like appeal court and supreme court I declare his judgement a nullity.

baralatie:
a retrial would have been the best solution to this issue of judicial error!
but the problem is HOW does the supreme court order a retrial in this case when that is not what the counsels of the parties are contending in the case before it.The supreme court cannot introduce it on behalf of the parties

Rather the counsel to Adeleke or Oyetola would have sought for a retrial from the lower courts tirst

Sure you are correct, but if that is the case technicalities should have been ignored completely as the case was mainly between Adeleke vs INEC. Supreme Court allowing INEC to go free like that is an error and a deliberate witch hunt from Supreme Court.

Honestly am disappointed in SUPREME COURT

well the final judgment will be in heaven
The deed is done.

adekolaelect:
Mr lawmaker !!!! You are on Drugs .Must every judgement from supreme court favour PDP to make them unbiased ?? It is OK for you to do this bcs it will not new to us when they give you another sock from Buhari /Atikus case .

I have vowed never to exchange issues with DUCKS like you

baralatie:
a retrial would have been the best solution to this issue of judicial error!
but the problem is HOW does the supreme court order a retrial in this case when that is not what the counsels of the parties are contending in the case before it.The supreme court cannot introduce it on behalf of the parties

Rather the counsel to Adeleke or Oyetola would have sought for a retrial from the lower courts tirst

This they did not pursue because they both had judgements in their favour and approached the supreme court to DETERMINE which of the two JUDGEMENT is CORRECT.

. Appeal court ruled that time frame would not allow the retrial It is for six months duration...The appeal went ahead to consider other issues on the appeal.and decided in favour of APC....The supreme court only sustained the appeal court judgement ....Retrial is impossible

ejimatic:
. I am yet to understand why Obiorahs was absent on that day.Was he acting a script written by some people in favour of PDP? Why did he not allow another judge to write the judgement which he would concur? Why absence when APC was presenting witnesses who he later assessed in his lead judgement.Was his judgement fair to the respondent? Like appeal court and supreme court I declare his judgement a nullity.

Should be interesting to see PDP and Adeleke write a Petition to the NJC against Obiora J, and by extension Gbolagunte J. for judicial misconduct. Their response to the petition should contain the answers to your questions!

zoedew:
The cases cited are inapplicable because they relate to appellate hearings where the printed record and not oral testimony are used in arriving at a decision unlike courts of
first instance where the major job of the judges is to watch the demeanour or the witnesses on which basis findings of fact are made. Not having been there when the witnesses gave evidence Obiora J, could not possibly and validly have reviewed the evidence and based his judgment on the said review. Sen. Ademola Adeleke can Petition the NJC to sanction Obiora J. His Lawyers are guiltless in the matter as they could not have envisaged the decision of the majority to ask that Obiora J, be the one to write the judgment.

In any event the SC saved the voters in Osun State the calamity set to compound the mess Aregbesola left in office had Sen. Ademola Adeleke come into office. Sen. Ademola Adeleke who largely lives off his billionaire brother Deji Adeleke lacks the capacity to govern the State. Sen. Ademola Adeleke was a truant in school and one with no track record he ever did anything correctly except dance!

This submission reeks of idiocy and mischief. You left the LEGAL substance of the case and dabbled into pseudo-moralistic concerns about the personal life and suitability or otherwise of the litigant (Adeleke). And to think that a despicably incompetent bastard of unprecedented proportions like Buhari is presiding over the affairs of a whole country, what makes you think Adeleke would be a disaster for Osun, and what does it matter in the present legal context?

If you can tolerate Buhari as president, I find it obnoxious that you're here talking about how the Supreme Court was duty bound to babysit Osun people by helping them decide who is suitable to govern them. Between Buhari and Adeleke, who is more of a disaster? And stretching this logic to where is is perhaps most relevant... between Buhari and Atiku, who is more suitable for leadership? Why shouldn't the Supreme Court rescue Nigerians from the colossal mishap called Buhari by declaring Atiku winner, regardless of the facts of the case, when the case eventually comes before it?

baralatie:
a retrial would have been the best solution to this issue of judicial error!
but the problem is HOW does the supreme court order a retrial in this case when that is not what the counsels of the parties are contending in the case before it.The supreme court cannot introduce it on behalf of the parties

Rather the counsel to Adeleke or Oyetola would have sought for a retrial from the lower courts tirst

This they did not pursue because they both had judgements in their favour and approached the supreme court to DETERMINE which of the two JUDGEMENT is CORRECT.

. Governorship election matters must end within six months.Time frame made retrial impossible.That was a reason the appeal court considered all the issues arising on the Osun matter.The Supreme court only sustained the appeal court judgement....

Hedonini:
This submission reeks of idiocy and mischief. You left the LEGAL substance of the case and dabbled into pseudo-moralistic concerns about the personal life and suitability or otherwise of the litigant (Adeleke). And to think that a despicably incompetent bastard of unprecedented proportions like Buhari is presiding over the affairs of a whole country, what makes you think Adeleke would be a disaster for Osun, and what does it matter in the present legal context?

If you can tolerate Buhari as president, I find it obnoxious that you're here talking about how the Supreme Court was duty bound to babysit Osun people by helping them decide who is suitable to govern them. Between Buhari and Adeleke, who is more of a disaster? And stretching this logic to where is is perhaps most relevant... between Buhari and Atiku, who is more suitable for leadership? Why shouldn't the Supreme Court rescue Nigerians from the colossal mishap called Buhari by declaring Atiku winner, regardless of the facts of the case, when the case eventually comes before it?

Red herring! I’m no Buharist. If Buhari as a Leadership Item pricks you then face it! Your response should make meaning if you responded robustly to my take on Sen. Ademola Adeleke as a Leadership Item. If you feel so strongly about Sen. Ademola Adeleke as a Leadership Item please post a prayer here and now that your offspring turn out like him. Please do! Those who know will tell you he has no achievement to his name worth call one all his life except to dance! A family blackleg is best left to foray in the microcosm of his consanguinity rather than being let loose to wreak havoc on the larger society. Enough said!

ejimatic:
. Governorship election matters must end within six months.Time frame made retrial impossible.That was a reason the appeal court considered all the issues arising on the Osun matter.The Supreme court only sustained the appeal court judgement....

The truth! A wise Counsel must manage time well in Election Petitions or face the consequences.

WATCHOVER:
I have vowed never to exchange issues with DUCKS like you

paining in advance .sorry