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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 Rural Electrification Agency (REA) has unveiled plans to establish 3.7 gigawatts (GW) of local solar photovoltaic (PV) panel manufacturing capacity by the end of 2027 as Nigeria intensifies efforts to expand electricity access and reduce dependence on imported renewable energy equipment.
Managing Director of the agency, Engr. Abba Aliyu, disclosed the initiative in Abuja during a benchmarking visit by officials of the Zanzibar Utilities Regulatory Authority (ZURA).
He said the agency is encouraging Chinese solar manufacturers to establish production facilities in Nigeria, noting that locally assembled solar panels are already being exported from Lagos to neighbouring Ghana.
According to him, the planned manufacturing expansion will significantly reduce imports while strengthening Nigeria’s renewable energy value chain. Aliyu attributed the rapid global growth of renewable energy to falling prices of solar panels and lithium batteries, saying technological innovation has made off-grid electricity the most cost-effective solution for millions of underserved communities.
He said Nigeria’s electricity access rate currently stands at 61.2 per cent, leaving about 80 million people without reliable power supply.
To address the challenge, REA has adopted a least-cost electrification strategy that determines the most suitable technology for each community rather than relying solely on national grid expansion.
The agency has mapped more than 700,000 communities nationwide, with plans to serve about 45 per cent through solar home systems, 31 per cent through mini-grids and the remaining 24 per cent through grid extension.
Aliyu added that REA has developed one of Africa’s most extensive geospatial electricity databases, covering more than 51,000 health facilities, 11,000 markets, thousands of schools, factories, dams, electricity feeders and existing mini-grids to support investment planning.
He noted that the agency’s interventions also target underserved communities receiving less than six hours of electricity daily. The REA boss warned that electricity demand would continue to rise sharply as Nigeria’s population grows, more sectors become electrified and emerging technologies such as artificial intelligence and data centres consume increasing amounts of power.
•Explains how PFIPC was allocated money in the budget.
The Budget Office of the Federation (BOF) yesterday explained that the Presidential Foreign Intervention Promotion Council (PFIPC), which the presidency declared as fake and is currently being investigated by the Independent Corrupt Practices Commission, ICPC, had its origin in the last administration of late President Muhammadu Buhari.
The Director-General of the Budget Office, Mr. Tanimu Yakubu who provided the explanation in a statement, after appearing before members of the House of Representatives, in Abuja said the PFIPC’s institutional origin was premised on the Presidential Economic Advisory Council inaugurated by President Muhammadu Buhari on October 9, 2019. He also explained how the fake agency was allocated money in the 2026 budget.
His words, “PEAC/PFIPC did not enter the 2026 Budget merely because it asked for funds. The Council had its origin in the Presidential Economic Advisory Council inaugurated during the administration of the late President Muhammadu Buhari on October 9, 2019. By the time preparation of the 2026 Budget began, official instruments had already been issued by the institutions charged with those functions.
“The Office of the Accountant-General of the Federation had assigned an administrative code to the PFIPC. The Office of the Head of the Civil Service of the Federation had approved an authorised establishment and a recruitment waiver. The applicable public-service salary structure also existed. These instruments did not come from the Budget Office. They came to it.
“The Budget Office did not create the Council. It did not assign its code. It did not approve its establishment. It did not grant its recruitment waiver. It received official instruments and did what the law required of it: it measured their fiscal effect.”
Mr. Tanimu further explained that the Council submitted a personnel estimate of N3.850 billion for the 2026 Fiscal Year and that his Office had to reduce that figure to N802.978 million, using the authorised establishment, the approved recruitment waiver, the applicable public-service salary structure and the extant costing methodology
According to the D-G, “Council later submitted a personnel estimate of N3,850,935,000.00. That estimate did not form the basis of the Budget Office’s recommendation. The Budget Office disregarded it and made an independent calculation using only the authorised establishment, the approved recruitment waiver, the applicable public-service salary structure and the extant costing methodology.
“That calculation produced N802,978,783.00. This was not a concession to the Council. It was the Budget Office’s own fiscal judgment. It was the amount placed in the Executive Budget proposal and later appropriated.
Mr Yakubu said that the Council could not receive the approved funds for personnel because its promoter, Prince Adeyemi Adeniyi could not secure Financial Clearance, an instrument that confirms that necessary fiscal and regulatory had been met.
He said, “Financial Clearance is the point at which a personnel provision may begin to acquire legal force as expenditure. It is not a routine letter. It is the confirmation that the fiscal and regulatory conditions for recruitment have been met. Until it is issued, the figure remains in the budget. It does not create staff. It does not open payroll. It does not produce salary. The Budget Office did not issue Financial Clearance for PEAC/PFIPC because the conditions were incomplete.
“The 2026 Appropriation Bill did not become law until Presidential Assent on 31 March 2026. Before that date, the Budget Office could cost the proposal. It could not grant final Financial Clearance against a bill that had not yet become law.
“After assent, a further condition remained outstanding. The National Salaries, Incomes and Wages Commission had not confirmed that the proposed staffing and remuneration arrangements complied with its prescribed template and the approved public-service compensation framework.
“The Budget Office could calculate the cost. It could not open the gate. There was therefore no Financial Clearance. There was no lawful recruitment. There was no payroll enrollment. There was no salary payment.”
The D-G added, “The personnel provision was N802,978,783.00. It represented 61.63 per cent of the total appropriation of N1,302,978,783.00. It has sometimes been described as though the Council could have received the whole amount and spent it at will. That description is false.
“Personnel appropriations are not paid to agencies as lump sums. After every legal condition has been met, salaries are paid month by month. The money moves electronically into the designated bank accounts of verified employees enrolled on the Federal Government payroll.
“The institution does not receive the annual personnel provision as cash under its control. Even in a lawful process, the Council would not have received N802,978,783.00 in one payment. The money would have gone over twelve months to individual employees. That process never began. No Financial Clearance was issued. No recruitment took place. No payroll record was created. No salary became due. Not one kobo of the personnel provision could lawfully have been drawn. Not one kobo was drawn. There is no personnel expenditure to recover because there was no personnel expenditure.”
The PFIPC controversy became public on June 11, 2026, when the Chief of Staff to the president, Mr Femi Gbajabiamila, declared the Council as fake and petitioned the law enforcement agencies.
However, at a press conference on June 26, the Director General of the PFIPC, Prince Adeniyi Adeyemi faulted the presidency’s disclaimer. He alleged that Gbajabiamila received N400 million through a proxy and demanded an additional N200 million to secure his appointment — an allegation which the Chief of Staff denied and has sued him to court claiming N15b as damages for defamation. Adeyemi is currently in custody after he was arrested by the police in connection with the PFIPC scandal and alleged forgery.
Before his arrest, Adeyemi claimed he personally approached officials of the budget office to seek the inclusion of the Council in the federal government’s budget.
Recently, Central Bank of Nigeria (CBN) confirmed that it opened two domiciliary accounts linked to the PFIPC on the directive of the Office of the Accountant-General of the Federation (OAGF).
The apex bank, however, said the accounts, one denominated in United States dollars and the other in British pounds sterling, were never funded or operated.
United States President Donald Trump has commended President Bola Tinubu for what he described as his decisive leadership in tackling terrorism and insecurity in Nigeria, particularly attacks targeting Christian communities.
Trump conveyed the praise in a letter dated July 6, 2026, the contents of which were made public on Wednesday in a statement issued by the President’s Special Adviser on Information and Strategy, Bayo Onanuga.
In the letter, titled “President Trump lauds President Tinubu’s decisive leadership against terrorists,” the US President applauded Tinubu’s efforts to confront security challenges and reaffirmed Washington’s commitment to supporting Nigeria’s counter-terrorism operations.
“Thank you for your thoughtful letter. Your kind words mean a great deal to me, and I appreciate your decisive leadership on behalf of the Nigerian people.
“I applaud your resolve to tackle the issues plaguing your nation, especially the violence affecting Christian communities, and it is a true honour to stand with you in the fight against terrorists and to make the Federal Republic of Nigeria stronger and more prosperous,” Trump wrote.
Trump described the relationship between the United States and Nigeria as increasingly important amid growing security challenges across West Africa.
“The United States-Nigeria relationship is crucial at a time when conflict has spread across West Africa and around the world. We both share a mutual goal of confronting terrorism in all its forms, and our historic US-Nigeria 2026 Defence Cooperation Roadmap has established a robust framework to accomplish this feat,” he stated.
The US President also highlighted ongoing defence cooperation between both countries, noting that American Special Operations Forces had been deployed to assist Nigeria’s military.
“I am proud to have deployed the United States Special Operations Forces—among the most elite military units anywhere in the world—to equip the brave men and women in the Armed Forces of Nigeria with the skills, tools and intelligence they need to protect your homeland and ensure the safety and security of citizens, particularly those of faith who have been under attack.
“I look forward to our continued discussions over the course of my Presidency,” Trump added.
According to the Presidency, Nigeria and the United States have expanded security cooperation in recent months following the establishment of a Joint Working Group co-chaired by the National Security Advisers of both countries.
The collaboration has centred on intelligence sharing, military training and coordinated operations against terrorist groups.
The statement noted that one of the key outcomes of the partnership was the joint operation carried out on May 16 against ISIS hideouts in the Lake Chad region, which reportedly led to the killing of the group’s senior leader, Abubakar Al-Minoki, along with several of his lieutenants.
The Presidency also disclosed that the US Assistant Secretary of State for Africa, Frank Garcia, visited Abuja last week, where he held talks with senior Nigerian officials and pledged to deepen bilateral cooperation in security and other strategic sectors.
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