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Oyetola, APC, INEC urge Appeal Court to uphold Osun election

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….Court reserves judgments on four appeals

The Osun State Governor, Adegboyega Oyetola, his party, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) have asked the Court of Appeal in Abuja to uphold the victory of Oyetola and APC in the governorship election held in the state on September 22 and 27, 2018.

Their request is contained in three separate appeals they filed against the majority judgment given by the Osun State Governorship Election Tribunal on March 22, 2019.

The tribunal had, in the majority judgment, given by two of its three members upheld the petition by the People’s Democratic Party (PDP) and its candidate in the election, Senator Ademola Adeleke and voided Oyetola and APC’s victory.

In their appeals, argued on Wednesday, Oyetola, the APC and INEC prayed the five-man panel of the Court of Appeal, led by Justice Jummai Sankey, to set aside the majority decision of the tribunal, uphold their appeals and dismiss the October 16, 2018 petition by Adeleke and the PDP.

They equally urged the court to dismiss the cross-appeal filed by Adeleke, on the grounds that it is unmeritorious.

In the appeal by Oyetola, his lawyer, Wole Olanipekun (SAN) faulted the reasons given by the tribunal in reaching the judgment appealed against, arguing that the decision was not supported by the evidence led by the petitioners.

He urged the court to void the judgment because the judge, Justice Peter Obiorah who wrote and delivered it, did not participate in all the proceedings of the tribunal.

Olanipekun noted that “the judge, who did not sit, came to write the leading judgment and reviewed the evidence of the February 6, 2019 proceedings where he was absent.

“Adjudication is like video watching. It cannot be done by proxy. The judge cannot analyse the evidence of a witness, whose demeanor he did not observe. The judgement should be declared a nullity on this ground alone”

Olanipekun, who said he and some named senior lawyers were at the tribunal on February 6, 2019, faulted the argument by lawyer to Adeleke and the PDP that it was not clear from the record of proceedings, whether or not Justice Obiorah was absent on the particular day.

He argued that the judge’s failure to sigh at the end of the proceedings on February 6, 2019 was enough evidence to justify the appellant’s claim that Justice Obiorah was absent on the day in question.

Olanipekun also faulted the tribunal’s cancellation of results in 17 polling units in the state, and noted that the petitioners did not tender any result of the election before the tribunal.

“If there was no result before the tribunal, the tribunal could not have cancelled what was not before it. Since no single result was submitted and could not have been cancelled,” he said.

He argued that the tribunal went beyond its powers by annulling results in the 17 polling units in order to justify its the judgement it gave in favour of the petitioners.
Read Also: Easter: Oyetola okays free train transport for Osun citizens

Lawyer to the APC, Akin Olujinmi (SAN), while arguing the party’s appeal, contended that the tribunal was wrong to have allowed the petition, which was incurably incompetent.

“The 1st and 2nd respondents sought to be declared winner of the election, held on September 22, 2018, which was declared inconclusive. They also asked the tribunal to void the rerun election held on September 27, 2018, because they believed it was unlawful.

“You cannot say you should be declared a winner on the election that you said was unlawful and void,” he said.

Olujinmi accused the tribunal of exceeding its jurisdiction when it engaged in amending the petitioners’ reliefs to make them grantable.

“No tribunal has the jurisdiction to reframe, amend or formulate reliefs for the petitioners.

“On realising that the reliefs could not be granted, they (members of the tribunal) amended the reliefs and granted it by themselves.

“We are saying the tribunal has no power to amend a petitioner’s reliefs. The much they ought to do, on realising that the reliefs could not be granted, was to have dismissed the petition.”

He further faulted the tribunal for holding that the petitioners proved its case of non-compliance in respect of the polling units where it voided results.

Olujinmi added: “The tribunal was wrong. They cannot use the allegation of non-compliance directed at the election of September 27 against the election of September 22.

“The tribunal relied on certified true copy of Form EC8A, which they said were dumped on the tribunal. This was what they still relied on to nullify results in the polling units in which they said malpractices were proved. The so called non-complaince did not affect the result of the election,” Olujinmi said.

He argued that the tribunal went outside its powers and contravened Section 140(2) of the Electoral Act when it engaged in the deduction of votes from the outcome of the election to arrive at the decision it gave.

Lawyer to INEC, Yusuf Ali (SAN) who argued in similar manner, contended that the tribunal erred in its majority judgment, particularly as regards the issue of non-compliance.

He noted that the tribunal, having found that accreditation was properly done and that all witnesses agreed that the votes scored were not affected by the omissions noted in some result sheets, ought not to have voided any results.

Citing Section 134 (b) of the Electoral Act, Ali argued that non-compliance means not compliance with the provision of the Act, not an act of omission on the part of INEC officials, which are not contrary to the provision of the Act.

Ali also argued that since the tribunal held that the petitioners did not prove over-voting and non-compliance, it ought not to have turned around to void votes in some polling units.

On the question of why INEC did not call it witnesses at the tribunal, Ali said it was unnecessary because the petitioners did not discharge the burden of prove placed on them by the law to warrant INEC to call fresh witnesses.

Ali added: “There is no law that said INEC most call witnesses, since the petitioners could not discharge the responsibility of proving their declarative reliefs, there was no need for INEC to have called its own witnesses.”

Lawyer to Adeleke and the PDP, Onyechi Ikpeazu (SAN) faulted the three appeals and the arguments proffered by Olanipekun, Olujinmi and Ali.

Ikpeazu argued that the tribunal was right in its decision to have declared Adeleke and his party as the winner of the election.

He faulted the argument that Justice Obiorah did not participate in all the proceedings of the tribunal, arguing that there was no sufficient evidence to that effect.

Ikpeazu urged the court to dismiss the three appeals and uphold the judgment of the tribunal.

Kehinde Ogunwumiju (SAN), who argued Adeleke’s cross-appeal, urged the court to allow his client’s appeal and reverse the portion of the judgment, where the tribunal rejected the evidence the petitioners lead in relation to six polling units.

Ogunwumiju argued that the tribunal wrongly excluded some of its evidence, because while it called 23 witnesses to prove it’s allegation of non-compliance in 23 polling units, the tribunal only upheld 17 where it voided elections.

Olanipekun, Olujinmi and Ali argued that the cross appeal was incompetent on several grounds and urged the tribunal to reject it.

At the conclusion of proceedings that lasted over eight hours, the presiding judge, Justice Sankey said judgments would be reserved till a later date.

She told parties that the date of the judgment would be communicated to them by the court’s Registry.

Other members of the court’s five-man panel are: Justices Abubakar Datti Yahaya, Ita George Mbaba, Isaiah Olufemi Akeju and Bitrus Sanga.

 

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Politics Should Be About Issues, Not Violence – Let’s Protect Our Democracy, Says Tinubu

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I have followed recent reports of violence accompanying political events in different parts of the country.

Every form of violence stands condemned. Violence should never have a place in our political campaigns as we move toward the 2027 general elections.

Our campaigns should be about issues, a contestation of ideas that promote the welfare of our people and the progress of our country.

As the leader of this country, I commit myself to a peaceful, free, and fair election, and I urge political leaders and supporters across party lines to conduct themselves responsibly.

I have said that being in different political parties or pursuing different ambitions does not make us enemies.

As Nigerians, we are members of the same household living in different rooms. Therefore, our politics must elevate human conditions and focus on national progress and development.

I want to reiterate my previous directive to the security agencies: be strict and firm against anyone who seeks to test our resolve and will to preserve public order.

Our administration is committed to an orderly and peaceful election, and all political parties and candidates should be protected and free to campaign anywhere in the country without molestation or fear for their safety.

We shall not tolerate any irresponsible conduct by politicians and their supporters.

Security agencies are therefore authorised to confront thuggery and other anti-social and anti-democratic activities with full force.

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Update : THE COURAGE TO REFORM” BOOK TO BE UNVEILED DECEMBER 1 ,

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“The Central Planning Committee for the official unveiling of the book, The Courage to Reform: Architecture of President Bola Ahmed Tinubu, GCFR, Beyond 2027 — Statecraft, Vision for National Renewal, has announced Tuesday, December 1, 2026, as the new date for the highly anticipated ceremony.

The unveiling, which was initially scheduled for Thursday, November 5, 2026, at the Bola Ahmed Tinubu International Conference Centre, Abuja, was earlier postponed following adjustments to the official schedule of President Bola Ahmed Tinubu, GCFR, who is the Special Guest of Honour at the occasion.

HON. IMAAN SULAIMAN-IBRAHIM
Honourable Minister of Women Affairs and Social Development
Chairperson, Central Planning Committee

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2027: Tinubu Dares Obi, Atiku to Showcase Their Achievements in Office, Accuses Them of Abandoning Their Responsibilities

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I’m

President Bola Tinubu has criticised former Anambra State Governor Peter Obi and former Vice-President Atiku Abubakar over their political affiliations, questioning their leadership credentials ahead of the 2027 general elections.

Tinubu made the remarks on Friday during his visit to Akwa Ibom State, where he inaugurated projects executed by Governor Umo Eno’s administration and addressed supporters at a political gathering.

Although he did not mention either politician by name, he appeared to refer to Obi, the presidential candidate of the Nigeria Democratic Congress, and Atiku, who joined the African Democratic Congress after leaving the Peoples Democratic Party.

Referring to Obi’s tenure as Anambra governor, Tinubu accused him of failing to tackle erosion in the state, contrasting it with his own claim of confronting the Atlantic Ocean during his administration as Lagos governor.

“One, who said he is in one party they call NDC, who is running for president. He ran away from erosion. In Anambra State, he could not confront erosion.

“I, Bola Ahmed Tinubu, I confronted the Atlantic Ocean. I claim it for you. Umo Eno confronted the erosion in Akwa Ibom and is working for, he is stable,” the President said.

Tinubu also questioned the political loyalty of a former PDP member who moved to another party, in an apparent reference to Atiku’s defection to the ADC.

“If a man that was, once upon a time, was a baby of PDP, became a father of PDP. And because of a little inconvenience, he ran away from that party. And formed a dangerous ADC in another party. Is that a leadership trait? Is that a leadership character? And he wants you to vote for him?” he said.

Obi governed Anambra State between 2006 and 2014, while Atiku served as Nigeria’s Vice-President from 1999 to 2007 under the PDP.

Atiku contested the 2023 presidential election on the PDP platform, finishing second behind Tinubu, while Obi, who contested under the Labour Party, came third.

Obi left the Labour Party for the NDC in May 2026, while Atiku joined the ADC as part of opposition efforts ahead of the 2027 election.

Tinubu’s reference to Anambra’s erosion problem recalls his 2023 presidential campaign promise to tackle the menace in the state.

During a campaign rally in Awka in February 2023, the then APC presidential candidate promised to address gully erosion in Anambra, saying he would handle it in the same way he claimed to have tackled the Atlantic Ocean surge in Lagos.

“I have come here to promise you development. We will industrialise Nigeria and Anambra State. You know me, I am the city boy of Lagos; I caged the Atlantic Ocean in Lagos; the way I handled the Atlantic Ocean in Lagos, I will handle the erosion menace in Anambra State,” he said at the time.

 

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