Connect with us

news

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

Published

on

….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.

 

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

news

Update : Road Crash: Anthony Joshua Hospitalised, Two Confirmed Dead — Ogun Police Spokesperson

Published

on

Former heavyweight champion Anthony Joshua has been hospitalised after a road accident in the Makun area of the Lagos-Ibadan Expressway, Ogun State.

Ogun State Police Public Relations Officer, Babaseyi Oluseyi, confirmed this in a statement.

The incident occurred shortly after 11 am on Monday.

Our reporter, who was at the scene, said the crash happened just before the Danco Filling Station in Makun, ahead of the Sagamu Interchange on the Ibadan-bound axis.

Adeniyi Orojo stated that the Lexus Jeep carrying Joshua, with number plate KRD 850 HN, collided with a stationary truck.

The eyewitness revealed that Joshua sustained minor injuries, while two others died at the scene.

“It was a two-vehicle convoy: a Lexus SUV and a Pajero SUV. Joshua was seated behind the driver, with another person beside him. A passenger sat beside the driver, making four occupants in the Lexus that crashed.
His security detail followed in the vehicle behind.

“Other eyewitnesses and I began the rescue and flagged down oncoming vehicles for help. Minutes after the crash, Federal Road Safety Corps officials arrived. The passenger beside the driver and the person beside Joshua died on the spot,” he said.

In a statement sent to Newsthumb on Monday, Oluseyi confirmed that Joshua and other injured persons were involved in a car accident and rushed to an undisclosed hospital.

He said, “The Ogun State Police Command confirms a road accident today in front of Sinoma, before Danco, along the Lagos–Ibadan Expressway. Anthony Joshua and other injured persons have been rushed to the hospital.

“Further updates will be communicated.”

Continue Reading

news

Tinubu Leaves Nigeria for Europe, UAE to Attend ADSW 2026 Summit, Says Onanuga

Published

on

President Bola Ahmed Tinubu departed Lagos on Sunday, December 28, for Europe, continuing his end-of-year break and ahead of his official trip to Abu Dhabi, in the United Arab Emirates.

His Highness Sheikh Mohamed bin Zayed AlNahyan, President of the United Arab Emirates, has invited President Tinubu to participate in the 2026 edition of Abu Dhabi Sustainability Week (ADSW 2026) Summit, which will take place in the emirate early in January.

The weeklong summit is an annual event that mobilises leaders from government, business, and society to chart the next era of sustainable development.

With the theme “The Nexus of Next: All Systems Go”, ADSW will connect ambition with action across innovation, finance, and people, showcasing how the world can move forward with confidence.’

The President will return to the country after the Summit.

Continue Reading

news

BREAKING: Fayose Alleges N45.5bn from N50bn Ibadan Explosion Fund Diverted by Makinde for Political Ambitions

Published

on

Former Ekiti State Governor, Ayo Fayose, has released what he described as documentary evidence to support his claim that Oyo State Governor, Seyi Makinde, received N50 billion from the Federal Government as a special intervention fund following the January 2024 explosion in Ibadan.

Fayose made the documents public on Sunday in a statement accompanied by a memo from the Office of the Accountant-General of the Federation.

He said the disclosure followed a challenge by Makinde to substantiate his earlier claim that the Oyo State Government received the funds.

“Two days ago, I stated on national television that Oyo State under Governor Seyi Makinde received N50bn from the Federal Government as intervention for the Ibadan explosion. Yesterday, the governor asked me to provide evidence, and here is the evidence he requested,” Fayose said.

The former governor further alleged that only N4.5 billion was disbursed to victims of the explosion, accusing Makinde of diverting the remaining funds for personal political ambitions.

“Only N4.5bn was paid to victims of the Ibadan explosion. The rest, alongside other intervention funds, was diverted to fund his presidential ambition. This, in part, explains the crisis in the PDP and his frequent attacks on President Bola Ahmed Tinubu and his administration,” he alleged.

Fayose further said he was compelled to release official documents, despite his reluctance to do so, in the interest of transparency and public accountability.

“Even though it is not in my character to go public with official government documents, I had to do this so Nigerians will know who is saying the truth and who has not been sincere with the people of Oyo State,” he said.

The former governor said that Makinde’s alleged disclosure of detail from private meeting with President Tinubu made fuller public disclosure necessary.

He challenged the governor to take legal action if he believed the allegations were false, insisting that he had sufficient proof to defend his claims.

“I challenge Governor Seyi Makinde to sue me on this. There are also proofs of other intervention funds received from Tinubu’s administration by the Oyo State Government which the governor refused to disclose to the people,” he said.

He further claimed to have documentary evidence of Oyo State’s actual Internally Generated Revenue, contrary to figures publicly stated by Makinde, noting that he would release the details at a later time.

“There are documentary evidences on the actual Internally Generated Revenue (IGR) of Oyo State, as against Governor Makinde’s claim, but we will keep our gunpowder dry for now.

“My name is still Ayo Fayose. I don’t say what I can’t prove,” he said.

Continue Reading

Trending

Copyright © 2025 Newsthumb Magazine | All rights reserved