₦airaland Forum

Benekruku:
Mention the sane country you talking about.

That voting was not done electronically and their was no way figures could have been transmitted to a server?

Or that the constitution does not recognise electronic voting.

The Server Folks will not listen until the Supreme Court tells them what you just posted

You spoke

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.

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!

Doesn’t add up!

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!

What manner of a man goes to such a sinful shop but a depraved sexual pervert!

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.

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!

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!

Ok

Justiciability is doubtful!

Tolexander:
Oliver Kahn can attest to that

I just saw the video on You Tube! Oliver Kahn was thoroughly mesmerised by the dribbling skills of Okocha. Enough to show that racism is dumb!

SouthSouth1914:
But your argument dont hold water! Firstly, the server in question was budgeted for before the elections. INEC confirmed receipt of the payment which I believe is another point to be looked on by the courts. Secondly, what you do for a living is strictly your business, I only quoted you because you were joining the bandwagon of 30k stipend earners to ridicule Mr Atiku. I believe he should have his day in court as he is aggrieved by the processes of the elections! Today you may be in paradise, tomorrow no one can tell. I rest my case

I understand your predicament. You simply don’t get it! This is Constitutional Enjoy your evening.

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 would amount 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!

SouthSouth1914:
Most peeps here with your line of thought are 30k stipend earners. They defend anything from this reckless and devilish government! So far, you do strike me as one of them. However, this is not my concern! True Nigerians are suppose to ask the right questions about this INEC saga, not laugh over it.

Don’t you get it ! The evidence of a server may be relevant but may not be admissible same not having been in the contemplation of the Nigerian Constitution and the Electoral Act!! You will do well to dispassionately take time to read my recent posts and you should soon have an idea of what I do for a living. Folks in that line of trade worth their salt don’t fit the mental picture of your 30k stipend earners. Better to crack the kernel of an argument than get abusive.

Buhari won’t even dare!

Atiku is best ignored! When a fellow is getting billed by bile his bitterness knows no limits!

SouthSouth1914:
And buhari wasnt desperate? You guys are just neck deep in buhari's ass! Stupid 30k stipend receivers

For all I care you can have Buhari for lunch if you say he is desperate! I ain’t no Buhari or any political party defender! As for 30k - it must mean much to you for it to command your attention!

Slayer1914:
10 REASONS WHY ATIKU IS NOT COMING

1. Atiku’s Server Argument is a SCAM. An Expensive one. The Electoral Act as it exists in Nigeria today does not recognize the transmission of results to any Server or Servers anywhere.

2. So, it does not matter whether INEC has a Server or does not have one, or whether there is any information or data on the INEC Servers or not; the law does not recognize it, simple. This means that regardless of what party clowns and petty criminals like Reno Omokri are saying on social media, claiming they have ‘incontrovertible’ proof that INEC has a Server, all of this means nothing before the Law. Whether or not INEC has a Server, whether or not it transmitted any results to this Server, is immaterial before the current Electoral Laws of the Federal Republic of Nigeria. Even a 100L Law Student understands this, how come Atiku’s SANs don’t?

3. What Nigerian electoral law as it currently exists recognises is the Form EC8 Series, especially Form EC8A, signed by agents, collation officers, etc, at the Polling Units. The only way to prove election results in Nigeria today is by the approved forms: the EC8 series. Not by any Server or Servers.

4. INEC could not have transmitted any results to any Server (even if the Server existed) because of network connectivity issues around the country. Several parts of Nigeria are not covered by mobile network which is necessary to guarantee successful transmission. Even INEC has explained that this was one of the reasons why it jettisoned the idea of electronic transmission, in addition to the fact that it is not currently supported by law. INEC has repeatedly explained that it used manual collation for the 2019 elections, as stipulated by the existing Electoral Laws of Nigeria.

5. No lawyer worth his salt, arguing an election petition case in Nigeria in 2019, will make an argument based on Servers, phantom or real. This suggests that Atiku’s lawyers are either clowns, or greedy, or both. This is all about milking him as much as possible. After the campaign-milking comes the election-petition-milking. After the election-petition-milking, probably the spiritual-assistance-milking will be the next level.

6. Please help ask: Which of the party agents – of any of the Parties – authenticated any results on a Server post-voting and the counting of votes? If there’s any agent who authenticated any results please let him or her come forward. Truth is that it didn’t happen! The only results party agents authenticated are the ones on Form EC8A, and this is the only evidence that will stand up in court.

7. Atiku and PDP say they got access to INEC Servers from where they retrieved the results they’re bandying about. Let’s even assume that those so-called Servers exist and that there are any results on them (there aren’t!) – do Atiku and PDP realise that illegal and unauthorised access to a Server is a crime under the Cybercrime Act? If you had (illegal) access as you claim to the Server, how do we know you did not manipulate whatever was present on that server, by adding or subtracting numbers, or smuggling extraneous data in? What Atiku and the PDP do not realise is that admitting in a Court of Law that they hacked into the database of a Government agency is itself proof of malicious and criminal conduct. Talk about self-incrimination. Atiku will not only lose the Election Petition case, he will go down in history as a Cyber Hacker and Manipulator.

8.

a. Take a look at the results presented by Atiku and the PDP, as their own genuine version of the results obtained from the INEC Server. It is extremely ridiculous, and can only support the theory that Atiku’s lawyers are both clownish and greedy.

b. See Lagos State, where 580,825 people validly voted for Buhari versus 448,015 for Atiku, making a total of 1,028,840. On the other hand, however, Atiku’s fabricated Server results allege that 1,103,297 people voted for him versus 1,422,906 for Buhari, making a total of 2,526,203. In other words, PDP and Atiku are alleging that 1.5 million votes somehow vanished into thin air in the cosmopolitan metropolis that is Lagos State.

c. Meanwhile, two weeks later, in the Governorship election, the total valid votes cast came to about 945,000, which is in consonance with the number that voted in the Presidential election, but nowhere near Atiku’s fabricated claims. How will Atiku explain this 1.5m difference between his fabricated Server result and the INEC Presidential result on the one hand, and his fabricated Server result and the INEC Governorship result on the other hand?

d. This is the pattern in all of Atiku’s fabricated Server results – his figures make no sense whatsoever. They didn’t employ common sense in their fabrications. According to Premium Times, “Mr Abubakar’s purported result implies that no invalid votes were recorded in the 33 states, and none of the 71 other presidential candidates obtained any score. In three states; Abia, Bauchi and Cross River, the documents show that the two candidates collectively got votes higher than the number of accredited voters.” Ridiculous!

9. Atiku’s so-called 400 witnesses which he is presenting in court are far too few to prove or disprove anything, especially in a Presidential Election. His lawyers know this, why are they not telling him the truth? The law says you have to prove your election petition case PU by PU. In the 2014 Osun Election Petition Tribunal alone, PDP originally sought to present 1,000 witnesses. 1,000. Just for Osun State alone. In Ekiti in 2014 APC sought to present 1,009 witnesses in the Governorship Election Petition. Now PDP wants to argue a PRESIDENTIAL election petition – with nationwide coverage – with only 400 witnesses. Joke!

10. Atiku and PDP question the INEC declared result in Borno State claiming that turnout could not have been that high because of the insurgency (Buhari 836,496 vs Atiku 71,788, making a total of 908,284). Guess what Atiku’s fabricated Server results claim: Buhari 849,599 vs Atiku 281,897, making a total of 1,131,496 – more than 200,000 votes higher than the declared INEC results. How does this make sense? How can you question the turnout in Borno on the basis of insurgency, and then go ahead to fabricate numbers that are even higher than what you’re querying?

ATIKU IS NOT COMING!

Unquestionable analysis! The issue of lack of jurisdiction is also a big one waiting to put a nail on the Coffin Atiku’s Petition has become!! It signposts his desperation. Atiku is afflicted by the drowning man’s syndrome. The only destination that awaits him in all the circumstances is drowning! The elders say the dog bound to get lost will ignore the whistle of the hunter!!!

His lawyers deceived him plus Atiku is desperate to be President. Desperation will not stop at the good, the bad and the ugly to get at a thing while focus will use means lawful and peaceful to attain stated goals! #atikuisdesperatetocome

The Presidential Election Petition will be decided according to law and not sentiment or emotional feelings.
1. The Presidential election was not meant to be conducted using a server anywhere. Atiku’s Lawyers are kidding him. Whether or not it indeed existed is a non issue. It would go to no issue in the consideration of the petition one way or the other.
2. It is a waste of precious judicial time asking to set aside court proceedings properly conducted.
3. The votes were counted.

Aregbesola should be sorry for leaving Osun State worse than he met it! He lacks humility and the capacity to team. Nothing works when a person lacks humility and all he likes is to hear himself. PDP should roundly and beyond all question have defeated his APC but for the choice of Sen Nurudeen Jackson Adeleke a misfit Of a candidate as its choice at the elections. Wike and Secundus must be happy now kwa?

greggng:
You are just an animal hiding under internet to insult people...I have checked your profile you came in here 2017....and I believe your mission is very clear to tarnish image of people better than you... I cannot waste my time responding to a big fool like you....I have a name to protect here not wasting my time with an idiot like you.

Old habits die hard is the reason the devil was thrown out of heaven and will spend eternity in chains and flames! He just can’t stop being bad! Stop being resolute on being like the devil. Who you are is on display to the www. One day you will account for your irresponsible act! I still pray it will not be too late for you!

Which ideal lives on? Sen. Nurudeen Adeleke still lives in denial! Be sorry about the truant and blackleg you’ve been all your life till now. Go to school. Reorder your life. Be responsible. You can then seek political office.

Johnnyessence:
why are you ignorant on my post here. your ignorance is beyond control. continue displaying it here.

Hello johnnyesence, “Findings of fact by the lower court will only be set aside by a superior court where it is perverse! Is the finding of fact by the Court of Appeal on the record of proceedings before the Tribunal Of first instance perverse? That is the question the SC will consider on the alleged absence of Obiora J on the day in question.” was my post before today and it has now been so held by the Supreme Court as expected.
fyi i’m no APC apologist but one given to dispassionate analysis from a legal perspective.

“As if you are the judge that will decide on the case, stop saying trash here as expected from you Apc apologist. supreme court judges will decide on the pdp appeal as tendered to the court which specified the majority judgment of the tribunal court. you never read what CJN that precided on the case said in the hearing on June 17th. sure supreme court will decide on the pdp appeal according to laws backing electoral matters. stop judging on matter that you are ignorant of.” was your abusive response which has proved not helpful for your obviously untenable position! So long amigo!!

Johnnyessence:
I will be in osogbo oga walexydo. Let's keep on praying and fasting on the mandate recovery sir.

You will do well instead to meet today to reflect on your position. One is in the hope that you will advise The Dancing Bear to enrol for and study to write ssce exams and not hire a mercenary to write the exams for him! His political life is founded on falsehood and will crash again and again until he makes his ways right. All his life till today has been spent in truancy and vice. If he had won the APC people were ready to rein him in with a criminal conviction for forgery et al! One is in the hope that The Adelekes will reorientate their offsprings who have so far been brought wrongly as exemplified by the ill-mannered David and his truant Uncle Ademola aka “The Dancing Bear”! Thank God Osun State has been delivered from the evil intents of folks who were hoping the half-educated, truant and directionless Adeleke would be Governor so they can steal Osun State blind after the manner of apc former Gov aregbesola whose abysmal performance in office is on display in the abandoned projects that don the Osun State landscape. Only the deaf are presently dancing to the beat of the ominous silence at The Country Home, Ede

Hello johnnyesence, “Findings of fact by the lower court will only be set aside by a superior court where it is perverse! Is the finding of fact by the Court of Appeal on the record of proceedings before the Tribunal Of first instance perverse? That is the question the SC will consider on the alleged absence of Obiora J on the day in question.” was my post before today and it has now been so held by the Supreme Court as expected.
fyi i’m no APC apologist but one given to dispassionate analysis from a legal perspective.

“As if you are the judge that will decide on the case, stop saying trash here as expected from you Apc apologist. supreme court judges will decide on the pdp appeal as tendered to the court which specified the majority judgment of the tribunal court. you never read what CJN that precided on the case said in the hearing on June 17th. sure supreme court will decide on the pdp appeal according to laws backing electoral matters. stop judging on matter that you are ignorant of.” was your abusive response which has proved not helpful for your obviously untenable position! So long amigo!!

greggng:
I only corrected the typographic error I made....every knowledgeable person should be able to know that I meant cannot...but instead I wrote can....nobody is above mistake ...how this makes me a cyber criminal ...is only known by fish brain like you

Who you are is on display to the www. One day you will account for your irresponsible act! I pray it will not be too late for you!

garfield1:
My brother,lets pop champagne.where is barrister zoedew

Been watching developments! Here’s celebrating lucid judicial reasoning!

[quote author=greggng post=79966989][/quote]greggng, You are a cyber criminal. You changed the word “can” in my post to “cannot”! Unknown to you your reputation just got worsted!

garfield1:
Dereliction of duty

Worse than that! Miscarriage of justice!

garfield1:
Its too late for this unnecessary commendations.i told you earlier that the man is deadly in technicalities,you were yapping ignorantly.you have seen it now.try and listen to those intellectually superior to you

Those who say this was about technicalities are seriously low on the law! Judicial decisions must per force be based on the application of the law to a set of facts observed by the Judge. It would amount to standing the law on its head to hold otherwise. It is as bland as it is blind to argue that it is a mere technical matter! The most important job of a Judge is to observe the demeanour of the witness in appreciating the testimony. Justice Obiora was not there to observe the judgement and wrote the judgment.