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Oyetola, APC, INEC urge Appeal Court to uphold Osun election
….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.
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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.
…Usman, Abba plead mercy
A Federal High Court in Abuja has sentenced a man who claimed to be 50 years old and father of 19 children, Mahmud Usman, to life imprisonment after pleading guilty to offences of kidnapping for ransom, terrorism, among others.
Usman (also known as Abu Bara’a, Abbas and Mukhtar), described by the prosecution as the self-styled Emir of Ansaru, was sentenced, along with his co-defendant, Abubakar Abba (also known as Mahmud al-Nigeri and Malam Mamuda), who is said to be the group’s deputy leader and chief of staff.
Usman and Abba were arraigned earlier this year on a 32-count charge filed by the Department of State Services (DSS).
The two are said to be among the key terrorist leaders who were behind the Oriire, Oyo State school kidnap and demanded to be released by the government.
During their arraignment, Usman pleaded guilty to a count of illegal mining for funding terrorism/arms, and was sentenced to 15 years’ imprisonment.
He pleaded not guilty to the other 31 counts, while his co-defendant, Abba, pleaded not guilty to all the 32 counts.
On July 9, however, Abba informed the court of his intention to withdraw his earlier not guilty plea, but needed some time to consult with his lawyer, a request Justice Emeka Nwite granted and adjourned till July 20.
On Monday, both defendants pleaded guilty to the 32 counts when they were read to them, following which Justice Nwite convicted them accordingly.
While appealing to the court to be lenient in sentencing the defendants, their lawyer, Bala Dakun, said by pleading guilty, his clients now appreciate the gravity of the offence they admitted to committing.
Dakun said the convicts’ guilty pleas were not intended to trivialise the offence or justify their conduct, but a show of remorse and repentance, while seeking mercy from the court.
He said the convicts saved the time of the court and the resources and time the prosecution would have deployed in bringing witnesses to the court and proving their case beyond reasonable doubt.
Dakun told the court that Usman is 50 years old, with 19 children and the sole provider of the family.
He said the second defendant, Abba, is 35 years old, with three children and a wife.
The defence lawyer said both defendants suffer from arthritis and ulcers.
Dakun said his clients promised to work with security agencies by providing them information about the operation, financing and network of the terrorist groups in the country.
He said the convicts should be granted amnesty as has been done for some repentant Boko Haram members, who have been rehabilitated.
With the permission of the court, Usman spoke in English and said he felt remorseful and that they admitted the offences, for the court to have mercy on them and their dependants, who will suffer in their absence.
Usman, who admitted having 19 children, said he suffers from bad health and that he was planning to return to school before he was arrested.
After listening to Dakun and Usman, Justice Nwite, who rose briefly, returned to hand out the sentences. He sentenced the two to life imprisonment in relation to counts 30 and 31.
The judge also sentenced them to 20 years, without an option of fine, on counts 1, 2, 3, 4, 5, 6,7, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 32.
The two defendants were handed 25 years in respect of count 11, while only the second defendant (Abba) got 15 years in respect of count 10.
Justice Nwite ordered that the sentences shall run concurrently from the date of their arrest.
The defendants were arrested by the prosecuting agency (DSS) in separate operations between May and July 2025.
They were charged with various offences including terrorism and terrorism financing, kidnapping for ransom, illegal mining, funding terrorism, fabricating Improvised Explosive Devices (IED), among other charges.
The two defendants were equally accused of coordinating sleeper cells, attacks, and maintaining ties with terrorist groups in the Sahel/Maghreb region.
President Bola Tinubu former Ekiti State Governor, Ayo Fayose
President Bola Tinubu former Ekiti State Governor, Ayo Fayose.
President Bola Tinubu has approved the appointment of 26 persons into the boards and leadership of 10 federal government agencies and commissions, including former Ekiti State Governor, Ayo Fayose, as Chairman of the Rural Electrification Agency.
The appointments, which take immediate effect, were announced in a statement on Monday by the President’s Special Adviser on Information and Strategy, Bayo Onanuga.
“President Bola Ahmed Tinubu has announced 26 new appointments into 10 Federal Government agencies and commissions, with former governor of Ekiti State, Ayo Fayose, emerging as chairman of the Rural Electrification Agency (REA), and Major General Junaid Bindawa as chairman of the National Salary and Wages Commission,” the statement read.
The Presidency said Fayose would head the REA board alongside Alhaji Ahmadu Abubakar and Engineer Ilyasu Ibrahim Makinta as members and non-executive directors, while “the incumbent DG of the agency, Abba Abubakar Aliyu, and three executive directors previously appointed make up the remaining board members.”
Tinubu also named Major General Junaid Bindawa as Chairman of the National Salary and Wages Commission and approved eight additional appointments into the commission.
The statement added that “Former member of the House of Representatives from Lagos, Olajumoke Okoya-Thomas, is the new secretary of the commission,” while Dr Ogbole Ene Lilian, Oladele Olatubosun and Yakubu Umar Barde were appointed commissioners representing Benue, Oyo and Kaduna states respectively.
It further stated that “Dr Mai Adamu Yau, from Borno, Ginika Florence Tor (Enugu), Engineer Lawrence Okoh (Edo) and Bello Morenike Iyabode (Kogi) were appointed as members of the Commission.”
The President also redeployed Tosin Johnson Adeyanju, who previously served as Executive Secretary of the National Lottery Trust Fund, to the Revenue Mobilisation and Fiscal Commission as Secretary.
Other appointments announced include Dr Abuh Mohammed as Director-General of the National Population Commission, Dr Akinola Odeyemi as Managing Director of the Nigerian Bulk Electricity Trading Plc, Dr Anthony Inalegwu Godwin as Chairman and Chief Executive Officer of the Nigeria Atomic Energy Commission, and Engineer Julius Oloro as Chief Executive Officer of the National Centre for Agricultural Mechanisation.
According to the statement, “Engineer Julius Oloro, a former council chairman, is the new CEO of the Kwara-based National Centre for Agricultural Mechanisation (NCAM), replacing Dr A.R. Kamal, who died last January.”
Tinubu also constituted the board of the Fiscal Responsibility Commission with Dr Abdullahi Maikano Saidu as chairman.
The board members, according to the Presidency, are “Mohammed Asmau, Mohammed Aliyu Makama, Dr Suleiman Gidado, Louis O. Ndukwe, Amaechi Ugwele and Olaniyi Idowu Onikola.”
The President further appointed Shuni Muhammad Dahiru as Executive Secretary of the National Commission for Mass Literacy, Adult and Non-Formal Education, replacing Professor Shu’aibu Shehu Aliyu, who was reassigned to the Petroleum Trust Development Fund in April.
He also named Gisaor Vincent Iorja as Executive Director (Finance) of the Federal Housing Authority, replacing Mathias Byuan, who resigned to contest the Benue State governorship election.
The Presidency said “all the appointments take immediate effect.”
Operatives of the Nigeria Police Force Intelligence Response Team (IRT) have arrested Prince Adeniyi Adeyemi, the self-styled Director-General of the controversial Presidential Foreign Intervention Promotion Council (PFIPC), in Osun State.
Adeyemi, who had been the subject of an intensive manhunt by security agencies, was apprehended following intelligence-led operations weeks after investigations into allegations about the purported federal agency’s activities.
According to the Force Public Relations Officer, CSP Anietie Iniedu, the suspect was arrested without incident by a team of IRT operatives and has been moved into police custody for further interrogation.
He confirmed the arrest while speaking to our correspondent in Abuja.
His arrest followed days of coordinated efforts by security operatives, who had earlier raided his family residence while tracking his whereabouts. Reports indicated that investigators questioned his family members during the search for the suspect.
Adeyemi came into national prominence after controversy erupted over the operations of the Presidential Foreign Intervention Promotion Council, an organisation widely described by government officials as having no legal backing or official recognition.
The controversy deepened following allegations that the suspect claimed close links with top government officials and allegedly used the platform to project influence in government circles.
Oyo police rescue abducted farmer after joint security operation
The matter also generated public attention after claims surfaced that huge sums of money were exchanged in connection with promises of government appointments. Those allegations remain under investigation and have not been proven in court.
The Presidency had earlier distanced itself from the activities of the organisation, while the Office of the Chief of Staff to the President, Femi Gbajabiamila, denied any connection with the group or its activities, maintaining that neither the office nor the Presidency authorised the operations of the PFIPC.
Police investigators are expected to interrogate Adeyemi on the circumstances surrounding the establishment and operations of the organisation, the authenticity of documents allegedly used in its activities, and claims that some individuals were deceived into believing it was an official government body.
Investigators are also expected to determine whether other suspects were involved in the alleged scheme and whether additional offences, including impersonation, obtaining by false pretence, forgery and conspiracy, may have been committed.
As of press time, the Nigeria Police Force had yet to issue a detailed official statement on the arrest or announce possible charges against the suspect. Demographics
The arrest is, however, expected to advance investigations into one of the most controversial cases involving the alleged use of a non-existent government agency to project influence within the Presidency.
Adeyemi is expected to remain in police custody pending the conclusion of investigations and possible arraignment before a competent court.
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