News

Adeleke vs Oyetola: Appeal Court Reserves Judgment in Osun Governorship Debacle

Published

7 months ago

March 13, 2023

Eric

The Court of Appeal, on Monday, reserved judgment in the appeal filed by Osun State governor, Ademola Adeleke, seeking to upturn the decision of the petition tribunal, which earlier nullified his victory in the governorship election.

Judgment in the matter will be given at a later date as a three-member panel led by Justice Mohammed Shuaibu takes the arguments and adopts the briefs of all parties in the suit.

During proceedings on Monday, counsel for Adeleke, Onyechi Ikpeazu (SAN) noted that a member of the panel, who is also a chief magistrate, did not give her opinion during the judgment delivery. Rather, she only signed her signature, arguing that the constitution mandates her to state her views in the suit.

Mr. Lateef Fagbemi, counsel for Oyetola, however, sumitted that merely signing the judgment, and not making any comment does not invalidate the judgment.

He noted that the case of over voting exceeded 6 polling units as claimed by the Appellant, adding that the anomaly was experienced in 744 polling units across the State.

Fagbemi further stressed that the findings of over voting were obtained from the back end server of INEC.

In their defence, however, Onyechi Ikpeazu argued that results stored in the backend server, are inconsistent and unreliable as they can be affected by internet connectivity and battery life of the BVAS used to upload the result.

These two factors according to him can affect the upload.

Adeleke’s counsel also stated that he conducted a physical examination on the BVAS, and it showed that over voting occurred in just six polling units, and not 744 as claimed by counsel for Oyetola.

Over-voting debate

Senator Adeleke who is candidate of the Peoples Democratic Party had won the said election held on July 16, 2022, the result which was nullified on the grounds of over-voting.

Adeleke had in February, appealed the judgement of the Osun State Governorship Tribunal which nullified his election.

The tribunal ruled in favour of former Governor Gboyega Oyetola. While delivering the judgment, two out of the three-member panel of the tribunal held that Oyetola proved that there was over-voting in some of the polling units.

But Adeleke rejected the ruling and described it as a “miscarriage of justice”.

Weeks later, the governor filed an appeal before the Akure division of the Court of Appeal.

In the 31 grounds of appeal filed on Wednesday, Adeleke prayed the court for “an order setting aside the whole decision of the tribunal”.

The governor equally sought “an order striking out the petition for want of competence and jurisdiction or in the alternative, an order dismissing the petition on the merit”.

“The second respondent cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun State,” the governor said.

“The tribunal, in its judgment, erred in law and displayed bias against the appellant when it made reference to the appellant’s dance at his inauguration as governor of Osun State, which was never an issue before the lower tribunal,” Adeleke noted.

“By referring to the appellant’s personal eccentricity for dancing, the lower tribunal derided and mocked him in a manner suggesting that it was biased against him.

“The appearance of bias manifests in the reference to the Appellant’s proclivity for dancing and particularly the Buga song, has rendered the decision of the lower tribunal a nullity.

“The tribunal in its judgment erred in law in returning the 1st respondent as the duly elected candidate without due regard to the enormity of the voters in the units where the results were cancelled for over-voting.”

News

Supreme Court Sets October 5 to Hear All Appeals on Nnamdi Kanu – Counsel

Published

21 hours ago

October 1, 2023

Eric

By Eric Elezuo

The Lead Counsel of the Indigenous Peoples of Biafra (IPOB), Sir ifeanyi Ejiofor, has announced that the Supreme Court is set to hear all appeals on the IPOB peader, Mazi Nnamdi Kanu’s case on Thursday, October 5, 2023.

Ejiofor made the disclosure in a statement he personal signed and titled “UPDATE ON THE HEARING OF APPEALS ON ONYENDU MAZI NNAMDI KANU’S CASE BEFORE THE SUPREME COURT OF NIGERIA.”

The full statement reads:

The Supreme Court of Nigeria has slated for HEARING all Appeals on Onyendu Mazi Nnamdi Kanu’s case before the Apex Court on Thursday, 5TH OCTOBER, 2023.

Recall that on the 13th day of October 2022, the Court of Appeal, Abuja Judicial Division, delivered a Landmark Judgment in an appeal filed by Prof Mike Ozekhome, SAN,CON, OFR, Ph.D, on behalf of Onyendu Mazi Nnamdi Kanu, challenging part of the Federal High Court ruling, which had retained 7 counts out of the original 15 counts against Mazi Nnamdi Kanu, after striking out eight out of the 15 count charge.

The learned Justices of the Court of Appeal, in allowing the appeal filed by our erudite Lead Counsel-Prof. Mike Ozekhome SAN, directed the Federal Government of Nigeria to immediately release Mazi Nnamdi Kanu unconditionally.The intermediate court in the Landmark decision, proceeded in the aforesaid judgement to prohibit the Federal Government of Nigeria from further detaining Mazi Nnamdi Kanu, or prosecuting him on any indictment or charge before any court in Nigeria.

On the 5th day of October, 2023, Prof. Mike Ozekhome SAN, leading Sir Ifeanyi Ejiofor Esq., and others, will be exchanging the legal fireworks on behalf of Onyendu Mazi Nnamdi Kanu, in urging the Supreme Court to dismiss in its entirety the frivolous appeal filed by the Federal Government of Nigeria against this landmark judgement of the Court of Appeal; and to further set aside the ruling of the Court of Appeal staying the execution of its earlier judgment.

We are very firm, and committed to our solemn belief that the wheels of justice,though grinds slowly, but grinds exceedingly fine and towards the attainment of justice at the end of the day.
Justice shall prevail,by the grace of God. And the hour is here .

We move.

Thank you and God bless you all.

News

Adeleke Cancels Independence Day Celebration in Osun

Published

2 days ago

September 29, 2023

Eric

Osun State governor, Senator Ademola Adeleke, has cancelled celebration of Independence Day slated for Sunday, October 1 in the state.

His spokesperson, Mallam Olawale Rasheed, announced on Friday in Osogbo that the governor urged residents of the State to pray for the peace and prosperity of the country.

“Let us use the Independence Day to meditate and pray on the state of our nation.

“Our people are passing through tough times. It is time to take stock and seek divine intervention and guidance in the affairs of our nation.

“I greet Osun people and Nigerians in general as the Independence Day knocks at our doors.

“Here in Osun, we will celebrate with meditation and prayers,” he said.

News

Mohbad: Sam Larry Now in Our Custody, Police Confirm

Published

3 days ago

September 29, 2023

Eric

The Lagos State Police Command has arrested controversial Lagos socialite, Balogun Eletu, aka Sam Larry, over an ongoing investigation into the circumstances leading to the death of the singer, Ilerioluwa Aloba, aka Mohbad.

The Lagos State Police Command Public Relations Officer, SP Benjamin Hundeyin, confirmed the development to The Punch in a late Thursday night telephone interview.

“Yes, Balogun Eletu aka Sam Larry is now in our custody. He is currently assisting with the ongoing investigation,” Hundeyin said.

The police had earlier invited Sam Larry and singer, Azeez Fashola aka Naira Marley, for questioning over Mohbad’s demise.

The police, last week, also confirmed that pathologists had concluded the autopsy conducted on Mohbad, while they await the result.

He said, “Autopsy has been concluded. Awaiting results.” This development followed the exhumation of Mohbad by a combined team of the Nigeria Police Force and health officials.

The police had also arrested the nurse who reportedly injected the deceased singer before his demise on Tuesday, September 12.

The Punch