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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.
The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
The other political parties the court directed the electoral body to deregister are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The court order followed a judgment delivered by Justice Peter Lifu.
The National Forum of Former Legislators had, in the suit marked FHC/ABJ/CS/2637/2026, prayed the court to determine whether INEC has a constitutional obligation to remove political parties that fail to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC’s regulations.
It was the position of the plaintiff that the five political parties listed as defendants in the matter had persistently failed to meet the constitutional benchmarks required to retain their registration.
The former legislators stressed that the requirements include winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state, or local government level.
They told the court that the ADC and the four other parties performed poorly in both the 2023 general elections and by-elections conducted by INEC, thereby failing to win seats across key tiers of government.
The litigants insisted that the continued existence of the ADC and the other defendants as recognised political parties is unlawful and undermines the integrity of the country’s electoral system.
Among other reliefs, the plaintiff urged the court to declare that INEC is duty-bound to deregister such parties.
It further urged the court to compel the commission to deregister the five political parties before preparations for the 2027 elections advance further.
Beyond declaratory reliefs, the plaintiff prayed the court to restrain the five affected parties from participating in general elections or engaging in political activities such as campaigns, rallies, and primaries.
It also sought a court injunction restraining INEC from recognising or dealing with the parties in any official capacity unless and until they strictly comply with constitutional provisions.
The judgment may affect the chances of candidates of the affected political parties, including former Vice President Atiku Abubakar, to contest the 2027 presidential poll.
President honours Gens. Yar’Adua, Williams, Igbokwe, media moguls, activists, other heros
With a call on Nigerians to unite in the fight against terrorism, banditry and kidnapping, President Bola Ahmed Tinubu reflected on the nation’s 27 years of uninterrupted democracy.
He said such joint efforts had become imperative because the battle against insecurity cannot be left to the government alone.
The President listed some deserving individuals, including the late Gen. Shehu Musa Yar’Adua, Gen. Ishola Williams, media executives, rights crusaders and others for national honours.
In his Democracy Day broadcast this morning, the President urged citizens to avoid ethnic profiling and blame games in the face of security challenges.
He assured that the country would emerge stronger and more united after overcoming terrorism.
He said: “At a time like this, let us not assign blame or point fingers. Crime has no ethnicity.
“We must stand united and be assured that the enemies of our nation shall soon be history.
“We will triumph over terror and continue to build a more prosperous nation.”
The President spoke against the backdrop of recent abductions in Oyo and Borno states.
He described the incidents as a painful reminder that democracy cannot thrive without security.
Expressing optimism that the abducted children would regain their freedom, Tinubu stressed that his administration had responded decisively by declaring a security emergency and approving the recruitment of more than 50,000 police officers and thousands of military personnel.
Besides, he said the government allocated N5.41 trillion to defence and security in the 2026 Budget, describing it as the largest security vote ever.
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“Democracy without security is a mirage,” he said, noting that the allocation represents the biggest defence and security budget in Nigeria’s history.
Tinubu said the country had moved beyond conventional military training exercises with international partners to precision targeting of terrorist networks, citing the degradation of an ISWAP command centre in Arege, Borno State, as evidence of progress.
Reflecting on the democratic journey, Tinubu said the country had enjoyed its longest uninterrupted period of civilian rule, spanning 27 years since the return to democratic governance in 1999.
He noted that despite its imperfections, Nigeria’s democracy remained resilient because citizens had consistently chosen leaders through the ballot box, resolved disputes through legal institutions and ensured peaceful transitions of power.
Ahead of the forthcoming governorship elections in Ekiti and Osun states, the President urged stakeholders to safeguard the integrity of the electoral process.
He called on the Independent National Electoral Commission (INEC), security agencies and political parties to ensure peaceful and credible polls, warning that democracy suffers whenever citizens lose confidence in elections.
The Ekiti governorship election will be held on June 20, while the Osun poll is scheduled for August 15.
Tinubu challenged the National Assembly, the Judiciary, the media and civil society organisations to continue serving as guardians of democratic governance.
“Criticise me, disagree with me, but never stop believing in Nigeria,” he said.
On youths, the President urged them to see the country as their future and contribute actively to national development rather than seeking opportunities elsewhere.
He said: “Nigeria is your home and your future. Build here, code here, work here, and vote here. Every great nation was built by those who stayed to solve problems, not by those who abandoned ship.”
The President also commended members of the armed forces, police, intelligence agencies, traditional rulers, religious leaders and community heads for their roles in promoting peace and national cohesion.
The President paid glowing tribute to Nigerians who endured imprisonment, exile, persecution and death during the struggle for democracy, describing them as heroes whose sacrifices made the current democratic dispensation possible.
He saluted the late winner of the annulled June 12, 1993 presidential election, Chief Moshood Kashimawo Abiola, and his deceased spouse, Alhaja Kudirat Abiola, alongside other democracy vanguards.
Former President Muhammadu Buhari in 2018 signed an Executive Order proclaiming June 12, the date of the historic election won by Abiola but annulled by the military, as Democracy Day. It has since been observed as a public holiday.
Those listed for national recognition include Chief Gani Fawehinmi, Chief Bola Ige, Chief Alfred Rewane, Senator Abraham Adesanya, Chief Anthony Enahoro, Alhaji Balarabe Musa, Commodore Dan Suleiman, Dr. Beko Ransome-Kuti, Chief Frank Kokori, Chief Arthur Nwankwo, Mr. Chima Ubani and Gen. Yar’Adua.
Tinubu also announced national honours for many journalists, activists, lawyers, politicians and civil society leaders who suffered persecution, detention, exile and other hardships during the struggle against military rule.
Many military officers who were persecuted during the pro-democracy struggle were also honoured.
They are Ayoka Lawani, Tunde Fagbenle, Oladele Alake, Olatunji Bello, Louis Odion, Segun Babatope, Sam Omatseye, Ademola Osinubi, Bola Bolawole, Lade Bonuola, Femi Kusa, Osa Director, Richard Akinnola, George Mbah, Niran Malaolu, Gbemiga Ogunleye, Jenkins Alumona, Muyiwa Adekeye, Babajide Kolade-Otitoju, Ike Okonta and Ben Charles-Obi (posthumous).
Activists on the list are Debo Adeniran, Ayo Opadokun, Ralph Obiora, Ose Osayande, Sylvester Odion-Akhaine and Arthur Nwankwo (posthumous).
Others are Osagie Obayuwana, Joe Okei-Odumakin, Titus Mann, Joe Igbokwe, Maj.-Gen. Ishola Williams (retd) and Femi Aborisade.
The President equally recognised many military officers, including Maj.-Gen. M.A. Garba, Brig.-Gen. Lawal Jaafaru Isa, Col. Umar Farouk Ahmed, Col. Sambo Dasuki, Col. Lawan Gwadabe, Brig. Jonathan Ndam Temlong, Col. Musa Shehu, Maj.-Gen. Chris Eze, Maj.-Gen. Harris Dzarma, Col. Isa Jibrin, Maj.-Gen. Joseph Oshanupin, Col. Olusegun Oloruntoba, Lt.-Col. Happy Kefas Bulus, Col. J. Okai, Col. Emmanuel Ndubueze, Lt.-Col. Yakubu Muazu and Brig. Yahaya Abubakar, who is the Etsu Nupe.
The President added: “Among the architects of modern democratic Nigeria, we honour General Shehu Musa Yar’Adua for his vision of national partnership.
“In recognition of his contributions, the Federal Government has approved the revitalisation and renaming of the completed Institute of Petroleum Studies, Kaduna, as the General Shehu Musa Yar’Adua University of Geological Sciences and Engineering Technology.”
Tinubu said the full honours list would be released in the coming days.
According to him, the greatest tribute Nigerians can pay to the heroes is to build a nation where freedom is protected, justice is upheld, opportunities are expanded, and government remains accountable to the people.
June 12, he believes, demonstrates the possibility of a united Nigerian nation, noting that while the heroes of that struggle secured political freedom, the responsibility of the present generation is to secure economic freedom.
‘Reforms necessary’
He defended the economic reforms undertaken by his administration, arguing that they were necessary to rescue the country from severe fiscal strain and economic uncertainty.
The President said the reforms had restored stability and credibility to economic management, increased federation revenues, improved fiscal transparency and attracted fresh investments into agriculture, manufacturing, energy, technology, mining, transportation and the creative sector.
He added that domestic refining capacity had expanded significantly, enhancing energy security and reducing dependence on imported petroleum products.
‘We’ll deliver on electricity supply’
On electricity, Tinubu said his administration inherited a sector plagued by inadequate generation, weak transmission infrastructure, huge distribution losses, a metering deficit exceeding four million customers and massive legacy debts.
He noted that the Electricity Act signed by his administration had empowered states to generate, transmit and distribute electricity, while the Presidential Power Sector Task Force had been mandated to tackle the metering gap and raise a N4 trillion bond to settle verified debts in the sector.
The President said the Rural Electrification Agency (REA), with support from the World Bank and the African Development Bank (AfDB), was extending off-grid and mini-grid electricity projects to underserved communities, educational institutions, markets and hospitals across the country.
“Electricity is a democratic dividend we owe every Nigerian. We intend to deliver it,” he said.
Nigeria Investment Opportunities
Highlighting ongoing projects, the President said they were creating jobs, improving connectivity and opening new opportunities for enterprise.
He said the National Agricultural Development Fund (NADF) was deploying 10,000 tractors over five years, while over 1,000 small and medium enterprises had been certified for export.
He added that non-oil exports grew by 21 per cent in the past year.
Despite the progress, the President acknowledged that many Nigerians continued to face economic hardship.
He assured citizens that the government remained focused on reducing inflation, increasing food production, creating jobs, improving living standards and ensuring that the benefits of economic reforms reached every household.
“We are moving from uncertainty to stability. The next phase is about accelerating growth and ensuring the benefits are felt in every home, every community and every region. We believe that democracy must be felt in the pocket,” he said.
The House of Representatives has passed the state police bill, effectively making way for the decentralisation of the Nigerian policing architecture.
The resolution followed the voting by 289 lawmakers in favour of state police during Thursday’s plenary session presided over by the Speaker, Tajudeen Abbas.
Recall that the House committed Thursday’s plenary to voting on the State Police Bill following the spike in killings, kidnappings, and banditry in the past few months.
The session was not without its fair share of drama, as shortly after the lawmakers settled down for the business of the day, Kaduna lawmaker, Bashir Zubairu, moved a point of order, explaining that the document on the proposed state police put together by the House Committee on Constitution Review got to the lawmakers only on Thursday afternoon.
Recognised to speak by the speaker, Zubairu said, “Mr Speaker, this document was only made available to lawmakers in the chambers, and we are yet to go through it. We cannot do justice to it because we have not gone through it.”
Zubairu, a member of the African Democratic Congress, was ruled out of order, allowing the process to proceed.
While the Speaker took members through the clauses, voices shouting “Point of Order” could be heard, but the presiding officer ignored them.
Before the voting began, Abbas announced that the electronic voting system was faulty, noting that the exercise would be conducted based on attendance.
Out of the 290 members in attendance, 289 voted in favour of state police while one voted against. The Speaker abstained from voting.
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