Osun Poll: We Are Shocked At Supreme Court Ruling – PDP

ICYMI: PDP Seeks Prayers For National Rebirth At Easter

The Peoples Democratic Party (PDP) says it is shocked by the ruling of the Supreme Court which dismissed the appeal filed by its candidate in the 2018 Osun Governorship Election, Senator Ademola Adeleke against the election of Adegboyega Oyetola of the All Progressives Congress (APC).

According to the PDP, the split decision of the seven-man panel at the ruling speaks volume.

“The Peoples Democratic Party (PDP) is shocked at the ruling of the Supreme Court on the contentious Osun State Governorship election.

“The fact that the Supreme Court had a split judgment also speaks volumes on its verdict in this matter.

“Our study of the judgment, however, shows that the Supreme Court did not negate the position of the PDP and millions of Nigerians that our candidate, Senator Ademola Adeleke won the election, but based its verdict on reservations over issues of technicalities arising at the election petition tribunal.

“Nevertheless, our party stands with the overwhelming majority of Nigerians on that undeniable fact that the people of Osun State, by the votes cast at the poll, preferred Senator Adeleke as their governor.

“The PDP, as a law-abiding party, however, urges the people of Osun state to remain united, calm and not lose hope in our democratic process and the quest for a government that truly represents their wishes and aspirations.”

The Supreme Court by a split decision on Friday dismissed Adeleke’s suit against the election of Adegboyega Oyetola of the All Progressives Congress (APC).

The apex court in a majority judgment of five to two upheld the decision of the court of appeal which nullified the judgment of the Osun State Governorship Election petition tribunal on the grounds that the tribunal was not properly constituted in regard to numbers.

 

Buhari Congratulates Oyetola Over Supreme Court Judgement

President Muhammadu Buhari has congratulated Gboyega Oyetola on the Supreme Court ruling which affirmed his victory at the September 2018 election in Osun State.

The President said the judgment lays to rest the tussle over the governorship seat and removes all encumbrances on the path of the governor from fully delivering the dividends of democracy.

“I most warmly congratulate Governor Gboyega Oyetola of Osun State on the Supreme Court ruling which today affirmed his victory in the September 2018 State Governorship election.

“This Supreme Court decision lays to rest the tussle over the governorship of Osun State and removes all encumbrances on the path of the governor from fully delivering the dividends of democracy to the good people of the State.

“I commend the government and people of Osun for allowing the rule of law to run its entire course. I urge Governor Oyetola and the ruling All Progressives Congress party to be magnanimous in victory and to make concrete moves towards inclusive governance as may be necessary.

“Our administration will continue to partner with and support the Osun State Government to deliver prosperity and progress to the people of the State.

Supreme Court Affirms Oyetola’s Victory In Osun Election

Osun-governor elect, Gboyega Oyetola

 

The Supreme Court by a split decision has dismissed the appeal filed by the candidate of the Peoples Democratic Party in the 2018 Osun Governorship Election, Senator Ademola Adeleke against the election of Adegboyega Oyetola of the All Progressives Congress (APC).

The apex court in a majority judgment of five to two upheld the decision of the court of appeal which nullified the judgment of the Osun State Governorship Election petition tribunal on the grounds that the tribunal was not properly constituted in regard to numbers.

The majority decision which was delivered by Justice Bode Rhodes-Vivour, agreed with the lower court that the absence of Justice Peter Obiora from the proceedings of February 6th 2019, who delivered the lead judgment was fatal to the case of the appellants and renders the entire sitting and judgment of the tribunal a nullity.

RELATED

Supporters Jubilate As Supreme Court Affirms Oyetola’s Victory

Osun Election: Senator Adeleke Files Notice Of Appeal At Supreme Court

It agreed with the appeal court that the absence of Justice Obiora when a key witness in the petition was heard has rendered the judgment of the trial tribunal a nullity. And that the failure of Mr Obiora to be present on that day meant that the tribunal lacked the authorities to have given any judgment on the matter.

Justice Bode Rhodes- Vivour who delivered the majority judgment supported by five of the seven-justice of the Apex court panel held that it is settled law that when the rightly constituted panel of a court does not seat the activities carried out by that panel is a nullity.

Justice Rhodes-Vivour agreed with the argument by counsel to Governor Oyetola, Mr Wole Olanipekun that the majority judgment of the tribunal  is a nullity, because it was written and delivered by Justice Obiora, who did not  participated in the February 6 proceedings of the tribunal where vital documents relating to the election were tendered and when a vital witnesses gave evidence.

Justice Obiora, according to the court’s record they said was absent on February 6, 2019 when the respondents witnesses  12 and 13 – Ayoola Soji and Oladejo Kazeem – testified and tendered exhibits, which the tribunal admitted in evidence.

The supreme court held that, having not attended the tribunal’s sitting on February 6, 2019, Justice Obiora did not see the two witnesses and was unable to examine their demeanour, as required, and therefore, it was unlawful for the judge to have authored a judgment in which he reviewed the evidence given by the witnesses.

“Failure to sit rendered the proceedings a nullity and the judgment suffers a fundamental error and irredeemably affected the competence of the judgment of the tribunal,” the court added.

Apart from Justice Bode Rhodes-Vivour, others who supported the majority judgment are Justices Tanko Mohammad, Kudirat Kekere-Ekun, Amir Sanusi and Uwani Aba-Aji.

However, in a minority judgment delivered by Justice Kummai Akaahs and supported by Justice Paul Galinje, both justices disagreed with the findings in the majority judgment on the absence of Justice Obiora on February 6, as a reason for dismissing the application.

They further said that the findings of the majority judgment was based on conjecture and well-articulated speculation by relying on a certified true copy of the tribunal’s proceedings instead of the original record.

The minority judgment also held that cancellation of election in seven polling units of four local government area of Osun by a returning officer of INEC was illegal, unlawful and unconstitutional, adding that by section 179 of the 1999 constitution, Senator Adeleke who scored highest votes in the main election and fulfilled the section ought to have been declared winner of the election.

The minority judgment further accused INEC of using inconclusiveness in the election to perpetrate fraud and to do what it wants to do even when it is illegal.

They, therefore, set aside the judgment of the court of appeal and declare Adeleke as the winner of the election of September 22, 2018 governorship election.

‘Hope Is Not Dead!’ Atiku Reacts To Supreme Court Judgement On Osun Poll

Atiku Abubakar

 

The presidential candidate of the Peoples Democratic Party in last general elections, Atiku Abubakar, has reacted to the Supreme Court judgement on the Osun State Election noting that, ‘hope is not dead.’

Atiku in a series of Tweet on his verified Twitter handle @Atiku said the apex court ruling is not the end of the road for Senator Ademola Adeleke or the PDP.

He noted that although the legal case is over, the love and acceptance of the PDP and its candidate is not over.

“I join with people of goodwill all over Nigeria to say to Senator Ademola Adeleke, and the people of the great state of Osun, that we stand with them in good times and in difficult days.

“The Supreme Court has ruled and because of its judicial finality, the legal case is over.

“However, the love, acceptance and endorsement that the people of Osun bestowed on both Senator Adeleke and the Peoples Democratic Party is not over and cannot be overlooked.

READ ALSO: Supreme Court Affirms Oyetola’s Victory In Osun Election

“Those who think this is the end of the road for Senator Adeleke and the PDP in Osun, are greatly mistaken. This is not the end. Not even the beginning of the end. No. Today marks the continued ascendancy of Senator Adeleke and his party in the hearts and minds of his people.

“The great people of Osun had expected that the progress and development that the Adeleke family had consistently brought to Osun will be translated to their governance. That hope is not dead. Only delayed.”

Atiku also assured the people of Osun State that the PDP remembers their love and acceptance and will never forget to stand by them no matter the situation.

He also urged the nation’s judiciary to take a pulse of the nation and reflect it.

“In their hands, God has placed a great responsibility. The duty to ensure that justice is done, irrespective of the pressure to do otherwise, by the powers that be,” Atiku added.

The Supreme Court had earlier on Friday affirmed Oyetola’s victory at the Osun Election held in September 2018.

The court also dismissed the appeal filed by the PDP and its governorship candidate, Adeleke challenging the election of Governor Adegboyega Oyetola of the APC.

 

PHOTOS: Supporters Jubilate As Supreme Court Affirms Oyetola’s Victory

Oyetola’s supporters celebrate at Supreme Court Premises on Friday, July 5, 2019. PHOTO: Channels TV/Sodiq Adelakun

 

There was wild jubilation at Supreme Court on Friday following the judgement which affirmed the victory of Osun Governor-elect Gboyega Oyetola at the September 2018 election held in the state.

The All Progressives Congress (APC) party faithful and supporters could not hide their excitement as they burst into jubilation.

They also displayed a big portrait of the governor-elect as they chanted solidarity songs.

The Supreme Court, on Friday, affirmed Oyetola’s victory by a majority judgment of five to two members of the Supreme Court panel.

READ ALSO: Supreme Court Affirms Oyetola’s Victory In Osun Election

The apex court therefore dismissed the appeal filed by the Peoples Democratic Party (PDP) and its governorship candidate, Ademola Adeleke, challenging the election of Oyetola of the All Progressives Congress (APC).

 

See photos of the jubilation below…

Osun Election: Supreme Court Delivers Final Verdict Today

The Supreme Court is set to give a final ruling on who, between the candidates of the People’s Democratic Party (PDP) and the All Progressives Congress (APC), was duly elected governor of the Osun State in the September 2018 election.

The panel of the court slated today for judgement on the matter after entertaining arguments from parties on June 17.

The PDP candidate, Ademola Adeleke, in the September 22 and 27 elections, filed a petition at the Election Petition Tribunal to challenge the victory of Gboyega Oyetola, of the APC.

The main election was held on September 22 while a supplementary election was held on September 27 in seven polling units.

Parties are currently at the Supreme Court and the hearing has commenced.

Stay with us for updates on the final verdict

Osun Election: Appeal Court Set Aside Judgement Which Voided Adeleke’s Eligibility

File photo of Senator Ademola Adeleke at the magistrate court in Abuja. PHOTO: Sodiq Adelakun/Channels TV

 

The Court of Appeal in Abuja has set aside the judgement by a High Court which voided the eligibility of Senator Ademola Adeleke in the last Osun State governorship election.

The People’s Democratic Party (PDP) and Adeleke had earlier approached the Court of Appeal challenging the April 2, 2019 judgment by Justice Othman Musa of the High Court of the Federal Capital Territory (FCT) in Bwari, which voided Adeleke’s candidacy for the election on the grounds that he was not qualified, having not possessed a valid secondary school certificate.

RELATED: Appeal Court Sets Aside Judgement Nullifying Senator Nwaoboshis Election

However, in a unanimous judgment of the appeal court delivered by Justice Peter Agim on Thursday, the appellate court set aside the judgment of the lower court.

Justice Agim held that the lower court lacked jurisdiction to have entertained the suit in the first place because it was filed outside the 14 days envisaged by the law to file a pre-election suit.

Justice Agim said another reason why the judgment of the lower court is a nullity is because the judgment was delivered 209 days after the course of action was filed is outside the 180 days envisaged by law for a judgment in a pre-election matter to be written and delivered.

The appellate court also held that Justice Othman lacked territorial integrity to have heard the suit in the first place because a high court in the FCT cannot seat over a pre-election matter that has to do with the governorship election in Osun State.

The court also held that it was a gross miscarriage of the appellant’s right to fair hearing for the lower court not to have considered all the documents and facts placed before it before reaching a decision that the lawmaker falsified his educational qualifications.

The court also held that it is curious that the lower court abandoned the evidence it asked for from WAEC and not considering the said documents. This is a wrong approach.

Justice Agim, in conclusion, said the appeal succeeds and is upheld. He set aside the judgment of the lower court delivered by Justice Othman.

The first and second respondent was also ordered by the court to pay N3million to Senator Adeleke as cost.

Osun Election: Senator Adeleke Files Notice Of Appeal At Supreme Court

BREAKING: Court Nullifies Adeleke's Nomination As PDP Candidate For Osun Governorship Election
A file photo of Senator Ademola Adeleke

 

Candidate of the Peoples Democratic Party (PDP) in the September 2018 Osun State governorship election, Senator Ademola Adeleke, has filed a notice of appeal at the Supreme Court against the decisions of the Court of Appeal.

Senator Adeleke is praying the apex court to set aside the ruling of the appeal court and uphold the decision of the Osun election petition tribunal.

His suit comes after the Appeal Court had on May 9, 2019, set aside the judgement of the Governorship Election Tribunal which nullified the victory of Governor Gboyega Oyetola because of its ‘faulty composition’.

Earlier, the Osun state Election Petition Tribunal had ruled that Senator Adeleke was the rightful winner of the 2018 governorship election, having satisfied the constitutional requirements of majority votes and spread across local government of the state

The tribunal also nullified the rerun election of September 27, 2018.

Dr Onyeachi Ikpeazu (SAN) leading six other Senior Advocates of Nigeria and 17 other senior counsels had, however, this week filed four appeals against each of the four majority judgements of the appeal court.

The appeals were against majority judgement in favour of Gboyega Oyetola, All Progressives Congress (APC), the Independent National Electoral Commission and the striking out of the cross-appeals of Senator Adeleke.

READ ALSO: Osun Election: Appeal Court Upholds Oyetola’s Victory, Sets Aside Tribunal’s Judgment

The first Appeal was against the majority lead judgement delivered by Justice J.H.Sankey, it is premised on 13 grounds.

Senator Adeleke is seeking the following reliefs from the Supreme court;

  • To allow the appeal,
  • Set aside the judgement of the Appeal Court delivered in favour of Oyetola, and
  • Dismiss Oyetola’s appeal against the decision of the Tribunal.

The second appeal is against the judgement delivered in favour of the APC, premised on 31 grounds of appeal.

Senator Adeleke listed particulars of errors committed by the appeal court and sought the following reliefs from the Supreme court;

  • To allow this appeal
  • Set aside the decision of the appeal court and
  • Dismiss the appeal of the respondent against the judgement of the tribunal.

The third judgement appealed against was the ruling in favour of INEC, it is based on 17 grounds.

Senator Adeleke listed particulars of errors committed by the judges of Appeal Court and sought the following:

  • An order of the Supreme Court allowing his appeal.
  • Order of Supreme Court setting aside the judgement of the Court of Appeal and restoring the judgement of the tribunal delivered on the 22nd of March.

The fourth judgement appealed was against the cross Appeal based on 13.

While listing particulars of errors committed by the Appeal Court, Senator Adeleke seeks the following reliefs from the Supreme Court namely;

  • An order allowing this appeal and setting aside the decision of the lower court which dismissed the appeal.
  • An order granting reliefs sought in the appellate case in the Cross-Appeal
  • An order restoring the paragraphs struck out from appellate replies to the 2 and 3 respondents;
  • A declaration that the appellants won the election in issue by a wider margin than what was found by the lower tribunal in view of the substantial non-compliance with the electoral act 2010 as amended.
  • A declaration that the rerun of 27th was null and void and of no effect as the appellants had already won the election in issue upon conclusion of the 22nd September election.

Other Senior Advocates of Nigeria with Dr Ikpeazu in the appeal include Chief N.O.O Oke, SAN; Dr Paul Ananaba, SAN; Emeka Etiaba, SAN; Emeka Okpoko, SAN; and Kehinde Ogunwuminju, SAN.

Other senior counsels on the team include Niyi Owolade, L.N.Iheanacho, Edmund Biriomoni, Wole Jimi-Bada and 13 others.

Osun Election: I Didn’t Forge WAEC Certificate, Adeleke Tells Court

Osun Election: I Didn’t Forge WAEC Certificate, Adeleke Tells Court
A file photo of Senator Ademola Adeleke. Channels TV/ Sodiq Adelakun.

 

Candidate of the Peoples Democratic Party (PDP) in the September 2018 Osun State governorship election, Senator Ademola Adeleke, Tuesday told the Court of Appeal in Abuja that he did not forge the West African Examination Council (WAEC) certificate he presented to the Independent National Electoral Commission to get clearance for the poll.

Senator Adeleke insisted at the appellate court that the certificate he attached to his nomination Form CF 001 was lawfully issued to him and was confirmed by WAEC in its affidavit which it submitted as evidence to the Federal Capital Territory High Court in the Bwari area of Abuja.

He, therefore, asked the court to set aside the judgment of Justice Oathman Musa of an Abuja High Court which ‘erroneously’ held that his certificate was forged as alleged by two chieftains of the All Progressives Congress (APC).

[READ ALSO] Defection: PDP Suspended And Expelled Me, Akpabio Tells Court

In the final adoption of his brief of argument by his lawyer, Kehinde Ogunwumiju , Senator Adeleke told the three-man panel of the court headed by Justice Adamu Jauro that what he presented to the electoral body to secure qualification for the governorship election was exactly what the examination body presented before the lower court when it was ordered to do so by Justice Musa.

He said the results, scores, and content in both certificates were the same, adding that the only difference was the format in which it was presented.

Ogunwumiju further told the appellate court that Justice Musa erred in law when he ignored the document which he had ordered WAEC to present before the court, with which he arrived at his decision that Senator Adeleke did not possess the requisite academic qualification for the office of governor.

He added that there was no case of non-qualification or forgery against the lawmaker before the lower court.

Similarly, the PDP in its own appeal through its counsel, Mr Emmanuel Enoidem, urged the appellate court to dismiss the suit for being incompetent and statute barred.

He said the suit was in violation of the Fourth Alteration Act to the 1999 Constitution, having not been filed within the 14 days allowed by law.

According to the PDP’s legal adviser, the suit was filed 44 four days after the cause of action had arisen, while judgment was delivered outside the 180 days prescribed by law for a pre-election matter.

On their part, the two respondents through their counsel, Mr Joel Akomolafe, urged the court to uphold the judgment of the lower court.

Akomolafe argued that the appellants did not appeal the issue of jurisdiction at the lower court.

He informed the court that the trial court had dismissed Senator Adeleke and PDP’s motion challenging jurisdiction, on the grounds that it was canvassed late in the trial.

After taking arguments from all parties in the suit, the three-man panel of the appeal court led by Justice Adamu Jauro reserved judgment for a date to be communicated to parties in the matter.

Appeal Court Judgment: ‘I Believe In The Integrity Of The Judiciary’ – Oyetola

Osun State Governor, Gboyega Oyetola

 

The Osun State Governor, Gboyega Oyetola, has reacted to the Appeal Court Judgment that reinstated him as the winner of the September 22, 2018 governorship election.

Speaking to Channels Television in Osogbo, the state capital on Thursday, Oyetola was happy with the decision of the court.

“I believe in the judiciary of the people, the judiciary is the hope of the people,” he stated.

While hailing the outcome of the judgment, the governor maintained that he won the election.

“I thank the judiciary, I thank the people of the state for the solidarity, you can see people coming out to celebrate without being prompted.

“It shows I won the election squarely, it shows that APC is the most popular party in our state and the people believe that we are going to run a good government,” he said.

Promising to justify the people’s mandate, the governor stated: “I rededicate myself to the service of the people.”

While reacting to the PDP’s statement saying it will go to the Supreme Court, he said, ” We are ready for them, facts are sacred.

“Facts are the same, whether, at the Appeal Court or Supreme Court, we are ready for them, let them go there we will meet them all”

Governor Oyetola who ran under the platform of the All Progressives Congress (APC),  polled 255,505 votes against his closest opponent, Senator Ademola Adeleke of the Peoples Democratic Party (PDP) with 255,023 votes in last year’s poll.

The APC candidate had trailed the Senator by 353 votes before going into a supplementary election which held in seven polling units in the state on September 27.

READ ALSO: Osun Election: Adeleke Challenges Oyetola’s Victory, Asks Tribunal To Declare Him Governor

Following the results of the election, Senator Adeleke, however, challenged the Governor Oyetola’s victory at the Election Petition Tribunal in Osogbo, thereby asking the tribunal to declare him as the winner of the poll because he polled the highest number of lawful votes cast and met other requirements of the law.

The Election Tribunal on March 22, 2019,  declared the candidate of the Peoples Democratic Party (PDP), Senator Ademola Adeleke, as the winner of the poll which led to Governor Oyetola also challenging the verdict by the tribunal at the Appeal Court.

Osun Election: Supporters Celebrate Oyetola’s Victory At Appeal Court

Supporters of Osun State Governor Gboyega Oyetola celebrate judgement of the court of appeal on Thursday, May 9. PHOTO: Sodiq Adelakun/Channels TV

 

Supporters of the All Progressives Congress (APC) on Thursday burst into celebration after the judgement of Osun State Governorship Election Tribunal on Governor Gboyega Oyetola.

The supporters at the Court of Appeal sitting in Abuja jumped for joy and started jubilating at the end of the court proceedings.

Delivering the lead judgement on Thursday, Justice Hannatu Sankey set aside the judgement of the Osun State Governorship Election Tribunal which nullified the victory of Oyetola because of its ‘faulty composition’.

Osun Election: Appeal Court Upholds Oyetola’s Victory, Sets Aside Tribunal’s Judgment

 

The Court of Appeal sitting in Abuja has set aside the judgement of the Osun State Governorship Election Tribunal which nullified the victory of Governor Gboyega Oyetola.

Delivering the lead judgement on Thursday, Justice Hannatu Sankey set aside the entire proceedings of the Tribunal because of its ‘faulty composition’.

She added that ordinarily the matter should be returned to the lower Tribunal but because it was a post-election matter where time cannot be expanded or elongated, the court cannot make an order of retrial.

Justice Sankey also resolved the remaining 11 issues in the appeal in favour of the appellant who is the Osun State governor.

READ ALSO: The Evil I Feared In PDP Has Befallen Me 10 Times In APC – Okorocha

According to her, the petitioner did not prove beyond reasonable doubt that there was substantial non-compliance to the Electoral Act by the absence of the ballot paper records.

The judge, therefore, set aside the judgment of the Osun State Governorship Election Tribunal delivered on March 22, returning Senator Ademola Adeleke as the governor of Osun State.

She made no order as to cost.

The judgement was upheld by four of the five justices of the panel.

While there were four majority judgements upholding the appeal of Governor Oyetola, while Justice George Mbanmba gave a dissenting judgement.

The majority judgment was on the ground that the lead judgment of the Tribunal was delivered by Justice Peter Obiora who did not participate fully in the proceedings of the Tribunal.

However, Justice Mbanmba said the allegation that Justice Obiora did not attend all the sessions of the Tribunal was a mere hear say.

He explained that the records of court indicated that the judge did participate in the hearing because he signed at the beginnings of the days’ proceedings.

Justice Mbanmba, thereafter, dismissed Governor Oyetola’s appeal with a cost of N200,000 against the appellant.

The appeal court also upheld the appeal filed by the All Progressive Congress (APC) on the same issues in a four to one majority judgement with a dissenting judgment from Justice Mbamba who maintained the same position.

In the lead judgment, Justice Datti Yahaya settled the appeal in favour of the APC and was supported by four of the five-man panel.

But Justice Mbamba held that parties with common interest should file a joint appeal, noting that filing separate appeals was an abuse of court process which adds to the work of the appeal court.

More to follow…