₦airaland Forum

Very confusing judgement and report

Luckysbab:
Stop contradicting yourself man plus you have no right to trash another person's simplistic opinion.

What's the basis for the intended retrial? Is it not to disagree with the judgement of the tribunal, certifying the Governor's emergence?

The court, in its lead judgement, ruled that the appellants, the APC and Mr Adelabu, were not giving fair hearing by the tribunal.

Venerable612:
Before you mention me - make sure you have common sense.

And it’s obvious you have a problem with comprehension as well.

If you read the article, the Judgment of the lower tribunal was found to be perverse - the reasons were not stated.

If the perversion was to the root of the matter - the Appeal Court would have nullified the election and ordered a fresh election. But none of the prayers in the Appeal was granted - which means the Appeal was without merits.

Please don’t mention me again - if you don’t have common sense. You know nothing about the law - and you are here displaying your ignorance.

the reason was clearly stated

The court, in its lead judgement, ruled that the appellants, the APC and Mr Adelabu, were not giving fair hearing by the tribunal.

niaralandtopuser:
The court, in its lead judgement, ruled that the appellants, the APC and Mr Adelabu, were not giving fair hearing by the tribunal.

I do not dispute this sir.

agabusta:
https://www.premiumtimesng.com/news/headlines/362257-oyo-governorship-appeal-court-rules-in-favour-of-apc-but-leaves-makinde-in-office.html


Oyo Governorship: Appeal Court rules in favour of APC but leaves Makinde in office


A Court of Appeal in Ibadan, the Oyo State capital, on Monday, upheld the appeal filed by the governorship candidate of the All Progressives Congress (APC), Adebayo Adelabu, against Governor Seyi Makinde of the Peoples Democratic Party (PDP).

The court, consequently, set aside the tribunal judgement that nullified the petition brought by Mr Adelabu against Mr Makinde.

PREMIUM TIMES reported how the election petition tribunal in September dismissed the petition.

Reversal
However, the appeal court on Monday said the judgement of the tribunal was ‘perverse’ and therefore set it aside.

The court, however, did not make any further order concerning the election.

The court added that status quo at the time of filing the petition by Mr Adelabu remains, meaning Mr Makinde remains the winner of the election as declared by INEC.

The court, in its lead judgement, ruled that the appellants, the APC and Mr Adelabu, were not giving fair hearing by the tribunal.

The Electoral Act only gives a grace of 180 days for a case to be heard at the election tribunal.

The appeal court ruled that the tribunal had exhausted its time; therefore, the case could not be sent back to it for review.

The court ordered that the status quo before the tribunal’s judgment should remain. This means the declaration of Mr Makinde as the winner of the March 9, 2019 governorship poll in Oyo State remains.

The court held that if not for time, it would have ordered a re-trial at the tribunal, noting that “unfortunately, the time limit of 180 days for the tribunal had been exhausted.”

Three out of the four judges resolved all issues in favour of the appellants.

There was a dissenting judgment from a judge with a proviso that the panel could not nullify Mr Makinde’s election.

Reactions
Counsel to Mr Makinde, Eyitayo Jegede, in his reaction, said the judgement did not mean Mr Makinde is no longer the governor.

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“He has not been affected in any way. The Court of Appeal in their wisdom said they did not agree with the lower tribunal. They did not also say that they did not agree with INEC. So, INEC’s declaration is sacrosanct and it remains until any other pronouncement from the court.

“We have not seen the details of the judgment. We were all in court and you (journalists) saw that the details were not read to us. As far as we are concerned, there is no cause for alarm. There is no implication on the return and declaration of Seyi Makinde as the governor of Oyo State,” he said.

The counsel to Mr Adelabu and the APC, Adeboye Shobanjo, also reacted to the judgement.

“You listened to what my lord said about the evaluation of judgment of evidence that when there are (is) evidence before the court, the evidence of all parties before the court should be evaluated.

“Judgment should not be based only on the evidence of a party in a case and if that was done during the trial, or during the judgment, that is contrary to the provision of the constitution on fair hearing.

“Second(ly), this court settled the issue of dumping of documents on election cases, and contrary to the decision of the tribunal that all the documents tendered by the appellants were dumped on the tribunal, the judgment made it known that the documents were not dumped on the tribunal.

“In totality, the appeal was allowed. But my lord said that because of effusion of time, that since the time for trial has lapsed at the tribunal, they cannot order for retrial of the case.

“But generally or totally, the appeal was allowed. It showed that the judgment of the tribunal occasioned miscarriage of justice against the appellants. The next step depends on my clients. They will brief us accordingly and it depends on instructions,” he said.

https://www.premiumtimesng.com/news/headlines/362257-oyo-governorship-appeal-court-rules-in-favour-of-apc-but-leaves-makinde-in-office.html

Our Judges are becoming useless by the day! What type of judgement is this? Neither here nor there! Nonsensical Judgement!

agabusta:
https://www.premiumtimesng.com/news/headlines/362257-oyo-governorship-appeal-court-rules-in-favour-of-apc-but-leaves-makinde-in-office.html


Oyo Governorship: Appeal Court rules in favour of APC but leaves Makinde in office


A Court of Appeal in Ibadan, the Oyo State capital, on Monday, upheld the appeal filed by the governorship candidate of the All Progressives Congress (APC), Adebayo Adelabu, against Governor Seyi Makinde of the Peoples Democratic Party (PDP).

The court, consequently, set aside the tribunal judgement that nullified the petition brought by Mr Adelabu against Mr Makinde.

PREMIUM TIMES reported how the election petition tribunal in September dismissed the petition.

Reversal
However, the appeal court on Monday said the judgement of the tribunal was ‘perverse’ and therefore set it aside.

The court, however, did not make any further order concerning the election.

The court added that status quo at the time of filing the petition by Mr Adelabu remains, meaning Mr Makinde remains the winner of the election as declared by INEC.

The court, in its lead judgement, ruled that the appellants, the APC and Mr Adelabu, were not giving fair hearing by the tribunal.

The Electoral Act only gives a grace of 180 days for a case to be heard at the election tribunal.

The appeal court ruled that the tribunal had exhausted its time; therefore, the case could not be sent back to it for review.

The court ordered that the status quo before the tribunal’s judgment should remain. This means the declaration of Mr Makinde as the winner of the March 9, 2019 governorship poll in Oyo State remains.

The court held that if not for time, it would have ordered a re-trial at the tribunal, noting that “unfortunately, the time limit of 180 days for the tribunal had been exhausted.”

Three out of the four judges resolved all issues in favour of the appellants.

There was a dissenting judgment from a judge with a proviso that the panel could not nullify Mr Makinde’s election.

Reactions
Counsel to Mr Makinde, Eyitayo Jegede, in his reaction, said the judgement did not mean Mr Makinde is no longer the governor.

Advertisement

FIRS AD

“He has not been affected in any way. The Court of Appeal in their wisdom said they did not agree with the lower tribunal. They did not also say that they did not agree with INEC. So, INEC’s declaration is sacrosanct and it remains until any other pronouncement from the court.

“We have not seen the details of the judgment. We were all in court and you (journalists) saw that the details were not read to us. As far as we are concerned, there is no cause for alarm. There is no implication on the return and declaration of Seyi Makinde as the governor of Oyo State,” he said.

The counsel to Mr Adelabu and the APC, Adeboye Shobanjo, also reacted to the judgement.

“You listened to what my lord said about the evaluation of judgment of evidence that when there are (is) evidence before the court, the evidence of all parties before the court should be evaluated.

“Judgment should not be based only on the evidence of a party in a case and if that was done during the trial, or during the judgment, that is contrary to the provision of the constitution on fair hearing.

“Second(ly), this court settled the issue of dumping of documents on election cases, and contrary to the decision of the tribunal that all the documents tendered by the appellants were dumped on the tribunal, the judgment made it known that the documents were not dumped on the tribunal.

“In totality, the appeal was allowed. But my lord said that because of effusion of time, that since the time for trial has lapsed at the tribunal, they cannot order for retrial of the case.

“But generally or totally, the appeal was allowed. It showed that the judgment of the tribunal occasioned miscarriage of justice against the appellants. The next step depends on my clients. They will brief us accordingly and it depends on instructions,” he said.

https://www.premiumtimesng.com/news/headlines/362257-oyo-governorship-appeal-court-rules-in-favour-of-apc-but-leaves-makinde-in-office.html

. I am yet to understand this judgement. You cannot order a retrial but you can order a fresh election in affected areas.orvdeckare a winner.In the case of Osun winner was declared and it was contested in Supreme court....The appeal court on Oyo case should have taken a decision....The Supreme court will decide it finally.

backnbeta:
If not for the expiration of the 180 days grace, you would have sent Makinde packing or what? This is just poor man's consolation...they don't want Adelabu to go home in total shame, at the same time they know Oyo people won't take any nonsense

You are an illiterate. Even when you read, you don't understand. They said that if not for lack of time, they would have asked the tribunal to retry the case again and not to remove makinde.

If not for the expiration of the 180 days grace, you would have sent Makinde packing or what? This is just poor man's consolation...they don't want Adelabu to go home in total shame, at the same time they know Oyo people won't take any nonsense :

The supreme Court will finalise everything. If care isn't taken, makinde might vacate that office.

[quote author=popsy2 post=83948202]Thank God. The governor is good, for now.


I don't know who needs this but if you are In need of CAC company registration, Business Name registration, Trustees, NGO, NAFDAC number on your products etc, talk to us at www. Lawlab. Com. ng
The interesting part is that consultation is free of charge. Yes! Free of charge.

The universe has its way of rewarding us for our magnanimity.how much

Congratulations to the people of Oyo

helinues:
Nigerians are beginning to receive sense small small.. If it was by money spending, Adelabu would have won convincingly.

Adelabu should better stop wasting money like Atiku on court cases

come again?

do you know Makinde's net worth and values. who tell you Makinde himself did not spend during the election?

EfonAlaaye2023:
come again?

do you know Makinde's net worth and values. who tell you Makinde himself did not spend during the election?

Who spent money pass for the Oyo guber elections now? Did you know how many campaign busses Adelabu made use compared to Makinde.. Adelabu spent highest money out of the contenders in SW states

You don't wanna argue what you know nothing /little about.

oglalasioux:
What kind of headline is this? How does ordering a retrial at the tribunal be a judgment in favour of APC?

Do you even know what is APPEAL? Some of just opportune to have a browsing phone then you begin to type rubbish.

helinues:
Who spent money pass for the Oyo guber elections now? Did you know how many campaign busses Adelabu made use compared to Makinde.. Adelabu spent highest money out of the contenders in SW states

You don't wanna argue what you know nothing /little about.

Adelabu or ajimobi? Ajimobi sponsored most of his campaign with Oyo state money compare to Makinde that use his own and others


will you tell me Buhari used the money he get from his cow to do 2019 campaign as well?

[s]

helinues:
Who spent money pass for the Oyo guber elections now? Did you know how many campaign busses Adelabu made use compared to Makinde.. Adelabu spent highest money out of the contenders in SW states

You don't wanna argue what you know nothing /little about.

[/s]
trash

EfonAlaaye2023:
Adelabu or ajimobi? Ajimobi sponsored most of his campaign with Oyo state money compare to Makinde that use his own and others


will you tell me Buhari used the money he get from his cow to do 2019 campaign as well?

Broda, I can let this argument go..

See the results.

More results coming

backnbeta:
If not for the expiration of the 180 days grace, you would have sent Makinde packing or what? This is just poor man's consolation...they don't want Adelabu to go home in total shame, at the same time they know Oyo people won't take any nonsense

well said

These judges are confusionists.

Do they want Oyo state to have two governors?

You'll know immediately that these judges have been compromised...with money probably.

I hope EFCC checks their bank accounts ASAP.

[s]

helinues:
Nigerians are beginning to receive sense small small.. If it was by money spending, Adelabu would have won convincingly.

Adelabu should better stop wasting money like Atiku on court cases

[/s]
trash

FrLukas:
These judges are confusionists.

Do they want Oyo state to have two governors?

You'll know immediately that these judges have been compromised...with money probably.

I hope EFCC checks their bank accounts ASAP.

EfCC are blind to these judges since it favoured APC. However , the judges were clever ...they gave paper judgement to ApC so they can rejoice but in reality nothing for them . They can't even go to Supreme Court since their appeals were upheld . Case closed .
So in reality APC lost and Makinde won again

More results

sammhi:
EfCC are blind to these judges since it favoured APC. However , the judges were clever ...they gave paper judgement to ApC so they can rejoice but in reality nothing for them . They can't even go to Supreme Court since their appeals were upheld . Case closed .
So in reality APC lost and Makinde won again

The law, like every other institution in Nigeria is a big fat JOKE.

kolafolabi:
Preference of the people of Oyo was as clear as day and night, with the clear margin of votes between Governor Makinde (515,621) and Mr Adelabu (357,982).

If that is the case, I still say APC has no case in the Supreme court

Even though Makinde is doing a great job,the truth is the wide margin vote difference is what the opposition is contesting in the court...all they said is ,the votes declared in favor of the Governor's party was fabricated..so the Supreme Court has to use superior wisdom to do justice to that. Both contestants are brilliant & goal oriented but I would prefer the incumbent to carry on because he has proven to be a man of his own. The other guy may be influenced by Lagos Cabals and it won't benefit Oyo people. They messed up Osun state and ran the state aground

[s]

helinues:
Broda, I can let this argument go..

[/s]

Anti-open grazing law recently passed in Oyo state - has this as reverberations from Fulani& Hausa controlled FGN and judiciary. This is moreso if the chairman of the Appeal court is Fulani...sic. How toy with fire with Oyo state and Ibadan ..!

Ibadan won't take nonsense from anybody. Makinde is the governor take it or leave it.

If all you understand the verdict of the appeal court....You will know that despite the fact that tribunal failed to do certain analysis on the documents presented by APC candidate, appeal court in its wisdom went ahead to do so and found that APC didn't win the election and declared makinde winner.... Pls try an get the message.

Venerable612:
It’s a trend on this forum - people will read the post and make very wrong and absurd conclusions - either out of lack of comprehension or malice.

The news article simply says

1. If the 180 days for election petition trial had not elapsed,
2. The court would have ordered a retrial in the lower tribunal.

No where did it mention the removal of Makinde.

I hope it’s clear to you that this is not a poor man’s consolation now?

Bro, the guy said his opinion not for you to tackle him the way you just did.

And its a consolation!!
Why pushing it back to tribunal?? Since they also have the power to pass a judgment. He knew already that tribunal, didn't give a fair judgement, so he brought it for them(appeal court).... It was a consolation

Luckysbab:
I can't keep mentioning an arrogant jerk, who can't make his point without throwing insults.

Your license should be reviewed, if you do have any.

The lady has made a point about the court making a diplomatic point of letting sleeping dogs lie, under whatever technical jargon they could find. Who's discussing law textbooks here, if not some ITK bloke?

.

You should check the mole in your eyes Mr.

I would rather not tantrums with you since you have a problem comprehending simple English sentences.