Osun Election: Oyetola Asks Appeal Court To Reverse Tribunal’s Decision

 

 

The Osun State Governor, Adegboyega Oyetola, has asked the Court of Appeal in Abuja to reverse the majority judgment delivered on March 22nd 2019 by the Osun State election tribunal.

The tribunal had, by a majority judgment given by two of its three members, voided the election of Oyetola, pronounced Senator Ademola Adeleke of the People’s Democratic Party (PDP) winner and asked the Independent National Electoral Commission to issue him a certificate of return.

In a 39-ground notice of appeal filed by his team of lawyers, led by Wole Olanipekun, Governor Oyetola faulted the majority judgment, given by Justices Peter Obiora and Anyinla Gbolagunte, on the grounds that it was perverse, replete with contradictions and not supported by evidence led by the petitioners.
Governor Oyetola wants the Court of Appeal to uphold his appeal, set aside the majority judgment and dismiss the October 16, 2018 petition by PDP and senatir Adeleke.

The governor said his complaint, in the appeal, was against the entire majority judgment, except where the tribunal held that it lacked jurisdiction to set aside INEC Guidelines; that the allegation of over voting was not proved; that the petitioners did not prove voided votes and other parts of the judgment where the tribunal agreed with their arguments.

READ ALSO: We Believe Oyetola Will Not Drag His Integrity To The Mud – Osun PDP

The governor is contending, in his first ground of appeal, that the entire of the majority judgment is a nullity, because it was written and delivered by Justice Obiora “who did not participate in all the proceedings of the tribunal and who was not present when all the witnesses gave evidence.”

He noted that Justice Obiora was absent on February 6 this year when the respondents witnesses 12 and 13 testified and tendered exhibits, which the tribunal admitted in evidence.

The appellant argued that, having not attended the tribunal’s siting on February 6, 2019, Justice Obiora could not seen the two witnesses and was unable to examine their demeanour, as required, and therefore, unlawful for the judge to have authored a judgment in which he reviewed the evidence given by the witnesses.

He also argued that the tribunal, in its majority judgment, erred in law and acted without jurisdiction when it accepted the petitioners’ complained of non compliance with the provisions of Electoral Act in relation to the September 22, 2018 governorship election in Osun State and on that basis proceeded to nullify his election.

It was equally the appellant’s contention that the tribunal acted without jurisdiction by basing its decision to uphold the petition and set aside the return of the appellants on the basis of allegation of non-compliance with the Electoral Act, in relation to the September 22 governorship election.

The appellant noted that, no where in the entire petition, did Adeleke and the PDP complained about non-compliance with the provisions of the Electoral Act in relation to the September 22, 2018 election.

He added that the only ground, in the petition, alleging non-compliance with the provision of the Electoral Act was in relation to the rerun election held on September 27, 2018.

The appellant further argued that the tribunal erred in law when it cancelled elections in 17 polling units on the mere allegation of improper ballot accounting and accreditation details.

He argued that since all the witnesses called by Senator Adeleke and the PDP admitted that the voting process was regular; that votes scored by each party were publicly announced after counting and that the announced scores of parties were truly reflected on Forms EC8A tendered by petitioners, the tribunal was wrong to have proceeded to cancel results.

Governor Oyetola also faulted the tribunal’s decision to void the rerun election when the petitioners did prove that there were elections in the seven polling units where the rerun election took place and that the results were wrongly cancelled.

He noted that the petitioners did not plead nor adduce evidence that the presiding officers of the affected seven polling units had ab initio approved of the elections at the polling units. He added that the petitioners did not tender the results from the seven polling units.

The appellant also noted that the petitioners did not calling their agents from the affected polling units as witnesses; did not tender documentary evidence to show that it was the returning officer that unilaterally cancelled the elections.

We Believe Oyetola Will Not Drag His Integrity To The Mud – Osun PDP

 

The Peoples Democratic Party (PDP) in Osun State has advised Governor Gboyega Oyetola not to appeal the judgment of the election tribunal that sacked him.

According to a statement by the PDP Deputy National Publicity Secretary, Diran Odeyemi, the party says it believes the governor will not want his integrity to be dragged to the mud.

“By accepting the option of not appealing the judgment, Oyetola would be seen as a hero, the development that may offer him an even bigger political opportunity in the future,” the statement read in part.

The PDP spokesperson also charged the governor not to succumb to the pressure from people who want to use him to have continued access to Osun’s treasury.

READ ALSO: Tribunal Declares Ademola Adeleke Winner Of Osun Governorship Election

Reacting to the judgment of the State Governorship Election Tribunal that declared its candidate, Senator Ademola Adeleke, winner of the poll, the party commended the judiciary for standing for the truth.

It, however, warned the All Progressives Congress (APC) in the state against further disrespect for the judiciary and the nation’s constitution by attempting to circumvent the course of justice.

PDP noted that the election that produced Oyetola as the winner of the September 2018 governorship election in the state was marred by irregularities.

“The whole world as represented by International observers knew how INEC and security agencies colluded with the APC to rig the poll including the rerun and we knew it would not stand.

“Oyetola should remember that he will continue to bear the moral burden of sitting on another man’s mandate, he should remember that history will continue to recall him as a beneficiary of a stolen mandate.”

“But the judgment delivered at the Tribunal presently offers him a rare chance to restitute and tow the part of honour as we are aware that INEC is unwilling to appeal the unambiguous conclusion of the judges” Odeyemi added.

Osun Election: Senator Adeleke Lauds Tribunal’s Judgement

The lawmaker representing Osun West senatorial district, Senator Ademola Adeleke, has reacted to his victory at the Osun Election Petition Tribunal.

Senator Adeleke’s reaction came shortly after the Tribunal declared him as the winner of the September 22 governorship election in Osun State.

The three-man panel of judges had declared the victory of Governor Adegboyega Oyetola as null and void and returned Senator Adeleke as the duly elected governor of the state.

READ ALSOTribunal Declares Ademola Adeleke Winner Of Osun Governorship Election

The Tribunal also ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to Governor Oyetola and present a fresh one to Senator Adeleke.

Osun Election: Senator Adeleke Lauds Tribunal's Judgement
A file photo of Senator Ademola Adeleke. Photo: [email protected]

Senator Adeleke told Channels Television that he hoped that the electoral body would comply with the orders of the court.

He said he would be ready to meet Governor Oyetola at the Court of Appeal should he appeal the judgment of the Tribunal.

While the governor rejected the judgement and vowed to challenge it at the Court of Appeal, the lawmaker took to Twitter to celebrate his victory.

Meanwhile, Peoples Democratic Party (PDP) in Osun has described the victory of its candidate at the Tribunal as an act of God.

In an interview with Channels Television in Osogbo, the state capital, the state party chairman, Mr Soji Adagunodo, dedicated the victory to God.

He noted that he knew from the onset that the party’s struggle for the mandate would not be in vain, adding that they have gotten justice.

Adagunodo said, “I thank God Almighty for the victory and we dedicate it to him. It is a victory for the people of the state. It is a victory for all,” Adagunodo said.

“I commend the good people of Osun for their faith in the PDP and senator Adeleke.”

The party chairman also commended the judiciary, saying they did a good job by standing on the side of the truth.

He said, “The judgement shows that the people in the judiciary are calibres of people of impeccable character. They are the last hope of the common man and have proved themselves as such. I give kudos to the judiciary.”

Adagunodo, however, said the PDP was ready to defend its victory at the Tribunal should the All Progressives Congress (APC) decide to appeal the Tribunal’s judgement.

Meanwhile, the APC in the state has rejected the judgement and vowed to challenge it at the Court of Appeal.

According to a statement by the party’s Director of Publicity, Research and Strategy, Mr Kunle Oyatomi, the verdict cannot stand superior legal scrutiny.

Jubilation As Adeleke’s Supporters Flood Osun Streets Over Tribunal Victory

There was jubilation across major parts of Osun State on Friday after the Election Petition Tribunal declared Senator Ademola Adeleke as the winner of the September 22, 2018 governorship election in the state.

Earlier, the Tribunal which sat in Abuja dismissed a preliminary objection against the petition of the Peoples Democratic Party (PDP) and Senator Adeleke, challenging the outcome of the governorship election in the state.

The preliminary objection was filed by the All Progressives Congress (APC) and its candidate in the election, Governor Gboyega Oyetola, as well as the Independent National Electoral Commission (INEC).

READ ALSOTribunal Declares Ademola Adeleke Winner Of Osun Governorship Election

Following the judgement of the Tribunal, Senator Adeleke’s supporters and well-wishers gathered at the residence of late Senator Isiaka Adeleke, to celebrate amid drumming and dancing.

Some supporters were also seen at different strategic locations in Ede celebrating the victory.

Osun Election: Jubilation As Adeleke’s Supporters Flood Osun Streets

In her reaction, Senator Adeleke’s sister, Mrs Dupe Adeleke, dedicated her brother’s victory to their late brother, Isiaka.

She also commended the judiciary for its courage in adjudicating with fear of God, saying it was clear that the judiciary was functioning as it should.

“We are very happy for the judgment; we appreciate the people of Osun, especially Ede for their love, support and steadfastness,” Dupe said.

“Today’s judgement is an indication that judiciary can save the nation from imminent trouble. I know my late brother would be very happy in the grave. I dedicate this victory to God and to my late brother.”

See the pictures below:#

Osun Election: Jubilation As Adeleke’s Supporters Flood Osun Streets

Osun: ‘Davido’s Uncle Has Danced His Way To Victory’ – Nigerians React

 

Earlier on Friday, March 22, the Osun State Governorship Election Tribunal declared the candidate of the Peoples Democratic Party (PDP), Senator Ademola Adeleke, as the winner of the state’s poll.

The tribunal’s verdict stirred various reactions across the nation, as many Nigerian took to social media to air their views on the court’s declaration.

Below are some of the things Nigerians on Twitter are saying about the tribunal’s verdict regarding the governorship election in Osun state.

READ ALSO: Rivers Poll: INEC Reveals Why Collation Of Results Was Stopped

Tribunal Declares Ademola Adeleke Winner Of Osun Governorship Election

 

The Osun State Governorship Election Tribunal has declared the candidate of the Peoples Democratic Party (PDP), Senator Ademola Adeleke, as the winner of the poll.

The Tribunal made the declaration on Friday after dismissing a preliminary objection against the petition of the PDP and Senator Adeleke, challenging the outcome of the September 2018 governorship election in the state.

The preliminary objection was filed by the All Progressives Congress (APC) and its candidate in the election, Governor Gboyega Oyetola, as well as the Independent National Electoral Commission (INEC).

READ ALSOTribunal Reserves Judgement On PDP, Adeleke’s Petition

The three defendants claimed that the petition of the PDP and its candidate was incompetent and the tribunal lacked jurisdiction to hear it.

Delivering a ruling on the preliminary objection, Justice Peter Obiora who is a member of the three-man Tribunal held that the petition was competent.

He also stated that the Tribunal has the jurisdiction to hear and determine it.

The judge held that there was merit in the appeal filed by the PDP and Senator Adeleke, adding that the declaration and return of Governor Oyetola by INEC was null and void.

He, thereafter, declared Senator Adeleke, who represents Osun West district in the National Assembly, as the winner of the election and duly elected governor of the state.

The judge also held that the Certificate of Return issued to Governor Oyetola be withdrawn and that a fresh one should be issued to Senator Adeleke of the PDP, having fulfilled the conditions of the law.

He said the petitioner scored the lawful majority votes at the election while the rerun held in the seven cancelled units were null and void and of no electoral effect.

In a dissenting judgment, the chairman of the Tribunal, Justice Ibrahim Sirajo, held that the petitioner could not prove substantial non-compliance with the Electoral Act in the election.

He noted that an Election Tribunal, under Section 140(3) of the Electoral Act, lacks the powers to declare a winner where such was proved.

Justice Sirajo insisted that they can only declare a supplementary election or a fresh election, and not to make a declaration.

Tribunal Declares Ademola Adeleke Winner Of Osun Governorship Election
(File) Senator Ademola Adeleke// [email protected]

Justice Obiora and Justice Ayinla Gbolagunte, however, entered a majority judgment in favour of Senator Adeleke.

The PDP and Senator Adeleke had approached the Tribunal to challenge the declaration of Adegboyega Oyetola of the APC as the winner of the September 22, 2018, election by the electoral body.

After entertaining final arguments and adoption of written addresses by lawyers to the parties involved on March 7, the Tribunal announced that it would reserve judgment on the matter.

The Tribunal, which was earlier sitting in Osun, was relocated from the High Court of Justice Complex, Osogbo to Abuja in November 2018.

Governor Oyetola Heads To Appeal Court Following Defeat At Osun Tribunal

 

Governor Adegboyega Oyetola has said he is heading to the Appeal Court following the verdict by a tribunal in Osun, upturning his victory at the state’s governorship election. 

This is according to a statement by Mr. Wole Oyebamiji, secretary to the State Government of Osun.

In its statement, the Osun State Government informed the people that the judgment of the election tribunal has been put on appeal.

The Government assured the people of Osun that justice will prevail at last, and that the law enforcement agencies have been instructed to maintain law and order across the State.

READ ALSO: Osun: ‘Davido’s Uncle Has Danced His Way To Victory’ – Nigerians React

The Osun Government in its communique appreciated the support of the majority of the people “in all things essential for mutual progress”.

It further assured all the residents of the state of adequate security of lives and properties, noting that the Government of the State is still the only legitimate government having the authority to govern Osun.

Residents of the state were urged to go about their lawful duties without any hindrance.

Osun Govt Shuts Three Tertiary Institutions Over Violent Protest

Osun Govt Shuts Three Tertiary Institutions Over Violent Protest
A file photo of Osun State Governor, Adegboyega Oyetola (middle).

 

The Osun State Governor, Adegboyega Oyetola, has ordered the closure of three tertiary institutions in the state following a protest which turned violent in Ilesa.

The state government announced this in a statement by the Chief Press Secretary to the governor, Mr Adeniyi Adesina.

“Following the unwarranted destruction of public property by irate members of the public in Ilesa, Osun State Governor Adegboyega Oyetola on Monday night ordered the closure of three higher institutions of learning,” the statement said.

READ ALSOEkiti Govt Condemns Rate Of Sexual Offence, To Reveal Offenders’ Identity

The affected schools are Osun State College of Education, Ilesa, Osun State College of Health Technology, Ilesa, and Osun State College of Technology, Esa Oke.

The closure, according to the government, is with immediate effect while Governor Oyetola condemned the incident.

Although the details of the incident were sketchy while it has yet to be confirmed if there was any casualty, the governor described the disturbance of the peace in Ilesa as uncalled for.

He warned that the government would not hesitate to take further drastic action, should the need arises in order to protect the lives and properties of the people.

Governor Oyetola frowned on the physical attack on journalists on legitimate assignment whose equipment were also destroyed by the protesters.

He assured citizens of the state that the government was on top of the security situation in Ilesa and in all parts of the state.

President Buhari Defeats Atiku In Ekiti, Osun States

Muhammadu Buhari and Atiku Abubakar

 

Candidate of the All Progressives Congress (APC), Muhammadu Buhari, has defeated his Peoples Democratic Party (PDP) counterpart, Atiku Abubakar, in Ekiti and Osun States, the first two states officially announced by the Independent National Electoral Commission (INEC) on Monday.

In Ekiti, President Buhari conquered the PDP candidate by 65,199 votes after polling a total 219,231 votes as against Atiku’s 154,032 votes cast.

According to the INEC Returning Officer and the Vice Chancellor of the University of Ibadan, Professor Idowu Olayinka, the total number of registered voters in the state is 899,919 and the total number of accredited voters is 395,741.

READ ALSO: INEC Begins Collation Of Results For Presidential Election

Total valid votes were 381,132, rejected votes 12,577, while total votes were 393 709.

In Osun, Buhari polled 347,634 votes, defeating Atiku who polled 337,377 votes, with the APC candidate leading with a margin of 10,257.

The figures declared by the collation officers showed that Buhari led in 18 out of the 30 local government areas in the state, while Atiku led in the remaining 12 local government areas.

The results were declared at the INEC headquarters in Osogbo, the Osun State capital.

 

 

INEC Office Attacked, Electoral Materials Burnt [Photos]

 

An INEC office at Oriade Local Government Area in Osun state was attacked at about 3 AM on Sunday, officials say. 

Suspected hoodlums are said to have besieged the office, shooting at the Commission’s office and destroying parts of its property.

Some of the items destroyed include ballot papers and boxes which were burnt and 2 generator sets.

READ ALSO: Two Killed Following Electoral Violence In Delta State

 

Osun Governor Oyetola Describes Polls As Credible

 

The Osun State Governor, Gboyega Oyetola, has described the voting process as credible and security excellent has he cast his vote at Ward 1 polling unit 2 at his home Iragbiji, Boripe Local Government Area, Osun central.

The governor alongside with his wife, Kafayat Oyetola performed their civic responsibility at exactly 10:32am.

The former governor, Rauf Aregbesola, also cast his vote at his home town Ilesa in Osun east with his wife at 11:46 am

READ ALSOAtiku, Wife Cast Their Votes In Adamawa

He expressed his satisfaction in the conduct of the process, calling on the candidates across the country to respectively conceived the outcome of the results in good faith irrespective of its nature.

Meanwhile, the aged people turnout enmass to perform their duties as an electorate and are all happy about the process.

Woman Stabbed In Fight At Polling Unit In Osun State

A woman has been stabbed at a polling station in Osun state, following an altercation with another lady.

The incident took place at Akarabata ward 1 Units 1-12 which is situated in Lagere, Oranmiyan tower complex.

The lady whose name could not be verified at the time was stabbed by another voter while on the queue.

A fight had ensued over who was and who wasn’t on the said queue.

In the course of the squabble, the victim was stabbed in the face with a bottle.

READ ALSO: Saraki Hails Peaceful Conduct Of Polls, Says Turnout Impressive

Police in Osun state apprehends a lady who stabbed another woman at a polling unit in Lagere.

Speaking on the incident, AIG Adeleye Oyebade who is in charge of Zone 11 in Osun, said that the lady who stabbed the victim has been arrested.

Lady being assisted after getting stabbed by another voter at a polling unit in Osun state.

AIG Oyebade said the situation is not one to be extremely worried about.

He noted that calm and normalcy and assured the residents to come out and exercise their franchise.