Tag: Adegboyega Oyetola

Appeal Court voids tribunal’s verdict

Governor: truth has prevailed

Adeleke, PDP for Supreme Court

PDP’s boast has ended, says APC

THE VERDICT

• Petition incompetent as per the reliefs sought •Petitioners did not prove over-voting
• Trial tribunal wrong in declaring the rerun election of September 27, 2018 illegal
• The tribunal ought not to have voided the results from the 17 polling units on the grounds that some portions of the results sheets were not recorded
• The only appropriate order is for a rerun election as provided under Section 140(2) of the Electoral Act, not to recompute the results and declare a winner
• The tribunal was in patent error when it set aside the rerun election after finding that the rerun was not marred by malpractices and non-compliance with the Electoral Act, leading to the unwarranted disenfrachisement of the voters in the seven polling units

The Court of Appeal in Abuja yesterday set aside the March 22 majority judgment of the Osun State Governorship Election Tribunal, which sacked Governor Adegboyega Oyetola.

The verdict sparked a huge carnival in Osogbo, the state capital.

The appellate court held, in three judgements delivered on three appeals filed by Oyetola, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), that the trial tribunal erred in its majority judgment.

Although one member of the court’s five-man panel dissented on the judgments in the three appeals by Oyetola, APC and INEC, the panel was, however, unanimous in dismissing  the cross-appeal by Peoples Democratic Party (PDP) and its candidate in the election held on September 22 and 27, 2018, Senator Ademola Adeleke.

The panel, led by Justice Jummai Sankey, decided the three appeals (which were substantially similar) mainly on issues raised and argued by Oyetola’s lawyer, Wole Olanipekun (SAN) in the appeal he filed for the governor.

As it was the case at the Court of Appeal, the three-man panel of the trial tribunal was also divided in two-to-one in its judgment of March 22, 2019, with the majority judgment upholding the petition by the PDP and Adeleke.

It was a harvest of losses for the PDP and Adeleke at the conclusion of proceedings. They lost in the four judgments delivered yesterday.

Justice Sankey read the lead judgments in the appeals by Oyetola and INEC, with which Justices Abubakar  Yahaya, Isaiah Akeju and Bitrus Sanga agreed. Justice Ita  Mbaba dissented.

Justice Yahaya read the lead judgment in the appeal by the APC,with which  other members of the panel agreed, except Justice Mbaba, who dissented.

The last judgment was on the cross-appeal by the PDP and Adeleke, which was read by Justice Akeju, with other members agreeing that the cross-appeal was unmeritorious and deserved to be dismissed.

In upholding the appeal by Oyetola, Justice Sankey, in the lead judgment, resolved 10 of the 12 issues raised for determination in favour of the governor.

Justice Sankey, in resolving the first issue, upheld Olanipekun’s argument that the absence of Justice Peter Obiorah (who authored and read the lead majority judgment at the trial tribunal) at the tribunal’s sitting on February 6, 2019, rendered the proceedings of the tribunal and its majority decision a nullity.

She held that Justice Obiorah’s absence implied that the tribunal was not properly constituted to conduct proceedings, which the judge analysed and relied on in the majority judgment he authored and read.

“I find and resolve the fisrt issue in favour of the appellant and against the 1st and 2nd respondents (PDP and Adeleke)

“I declare the entire proceedings and the judgment of the Osun State Governorship Election Tribunal a nullity. I hereby set aside the entire proceedings, including the judgment,” Justice Sankey said.

She noted that having nullified the proceedings of the tribunal and set its judgment aside, the court would have ordered that the petition be re-heard, but for the fact that the 180 days provided in the Constitution for the hearing of election petition had lapsed.

Justice Saankey said a re-hearing could not be ordered because Section 285(c) of the Constitution provides that an election petition must be heard and determined within 180days from the day of its filing.

She noted that the petition, having been filed before the tribunal on October 16, 2018, the 180 days had lapsed on April 15.

Justice Sankey also upheld the submission of the appellant to the effect that the petition was incompetent as per the reliefs sought there in, which the appellant had argued were contradictory and ungrantable.

She faulted the trial tribunal for declaring the rerun election held on September 27, 2018 illegal.

Justice Sankey equally faulted the trial tribunal for holding that the petitioners established substantial non-compliance in 17 polling units in which the tribunal voided election results.

She noted that having found that the petitioners did not  prove over-voting, the tribunal ought not to have voided the results from the 17 polling units on the grounds that some portions of the results sheets were not recorded.

Justice Sankey said: “The absence of proper ballot accounting in the Forms EC8A in the 17 polling units is not a substantial non-compliance and did not substantially affect the results of the election.

“The only appropriate order is for a rerun election as provided under Section 140(2) of the Electoral Act but not to recompute the results of the election and proceed to declare the 1st respondent or any other person the winner of the election.

“The tribunal was in patent error when it set aside the rerun election especially when it found that the conduct of the rerun was not marred by malpractices and non-compliance with the Electoral Act, leading to the unwarranted disenfrachisement of the voters in the seven polling units.”

In his dissenting decision, Mbaba dismissed Oyetola’s appeal with N200,000 cost in favour of the PDP and Adeleke.

He disagreed with the majority position that the appellant justified its claim that Justice Obiorah was absent from the tribunal’s proceedings of February 6.

Mbaba said: “I think the allegation that Justice Obiorah did not sit on the 6th of February was  founded on speculation and a well articulated speculation.”

He said it was curious that, while the record of proceedings at the tribunal showed that he signed after the tribunal’s sitting on February 5 and 7, he did not sign on the 6th.

“It is curious that the record of the day showed that he did not sign on the 6th of February, but he signed on the 5th and the 7th, but curiously did not sign on 6th.

“There are very many inferences to be drawn; one is that the secretariat deliberately did not show that he signed. One cannot rule out the possibility of sabotage in the secretariat of the tribunal,” Justice Mbaba said.

In dissenting in the appeal by INEC, Justice Mbaba came down heavily on the electoral body, who he said conducted itself in a manner that suggested its intention was dubious.

He said: “I am happy to be on my own with utmost respect to my Lords. I do not agree with the lead judgment.

“When INEC was called to defend what it did, it refused to show up. INEC shied away and was not forthcoming. But INEC is here appealing against the judgment of the lower tribunal.

“In my view, the cancellation of the results in the 17 polling units was a prelude to declaring the election inclusive.

“The INEC’s Returning Officer has no power to cancel the result of the election in a polling unit.

“It is the Presiding Officer of the polling unit who has the power to cancel the result in the polling unit and will now send a report to the Returning Officer for affirmation,” Justice Mbaba said in upholding the tribunal’s voiding of the rerun election.

Governor: road to ultimate victory smooth, unshakable

EXCITED with the Court of Appeal which affirmed his election as Osun State Governor,   Adegboyega Oyetola yesterday said truth has prevailed over falsehood.

The governor said he was convinced by the judgment that “the road to ultimate victory is smooth and unshakable”.

In a statement on his victory, the governor described  the appellate tribunal’s ruling as a validation of the mandate freely given to him and the All Progressives Congress (APC) on September 22 and 27, last year.

The statement, signed by his Chief Press Secretary (CPS), Mr. Adeniyi Adesina, said: “We give praise to Almighty God for today’s victory at the Court of Appeal sitting in Abuja.

“You spoke with conviction; your voice and choice are clear to the world, and the judiciary, the last hope of the people and arbiter of the truth, has proved to the world that it is always on the side of justice.

“After months of uncertainty and wait in judicial wilderness, truth has finally prevailed over falsehood and the voice of the majority has ultimately gained dominance over the phoney manipulation of an unscrupulous minority.

“This victory has proved to all and sundry that there is a limit to the extent falsehood and propaganda can thrive over truth and the will of the people.

“I would like to thank you all, the good people of The State of Osun, for your robust support and steadfastness throughout the needless periods of political travail and tribulation.

“I am persuaded by your indisputable mandate and the sound judgment of the Court of Appeal that the road to ultimate victory is smooth and unshakable.

“My administration took off on a note of equitable and quality service delivery to you the people. That resolve is on course.

“I urge you all to be peaceful and to go about your legitimate businesses as we revel in this well-deserved victory.”

 

Osun State Governor Adegboyega Oyetola has urged Southwest Heads of Service to key into the region’s growth agenda.

He said the civil service chiefs should rise towards revitalisation and recovery of the lost glory of the civil service in the region.

Oyetola noted that the quest to build a virile region that would be a model and lead to the actualisation of the dreams of the founding fathers should be driven by those at the helm of affairs.

The governor spoke yesterday while opening the Strategic Meeting of the Heads of Service in Southwest States organised in collaboration with Development Agenda for Western Nigeria (DAWN) Commission and Partnership to Engage, Reform and Learn (PERL) in Osogbo.

The meeting was attended by Heads of Service in Osun, Oyo, Ondo, Ogun, Ekiti and Lagos states; Chief of Staff to the Osun State Governor Dr. Charles Akinola; Director-General, DAWN Commission, Mr. Seye Oyeleye, and top civil servants, among others.

Oyetola called on the bureaucrats to take advantage of their convergence to work out modalities that would strengthen civil service and promote efficiency, productivity, diligence, effectiveness and proficiency across levels in the public service.

The governor, who was represented by his deputy, Mr. Benedict Alabi, implored the chief bureaucrats and technocrats to adhere strictly to the ethics of their profession and promote things that could place the region above its peers.

He said the Heads of Service must begin to look inward to address myriads of challenges confronting the region in view of their status as an integral part of the government in each of the Western states.

Read also: Insurgency: Nigeria must chain extremism, says Oyetola

Oyetola said: “As chief technocrats and policy-makers in your different states, the onus lies on you all, for a return to the old functional and efficient public service that used to be the pride of all.

“There is no doubt that your meeting from time to time and at this period towards sharpening the bureaucracy in our region is well acknowledged as a step in the right direction.

“It is no doubt widely recognised that this is capable of ensuring efficient service delivery, especially within the ambit of the public service.

“Right from the days of the defunct Western Region under the late sage, Chief Obafemi Awolowo, you would all recall that the Western States Public Service was ahead of its peers in the Nigerian Federation.

“Meanwhile, your collective initiative to make a difference will equally impact positively on public service efficiency and due process and move the zone forward, thereby making the dreams of the founding fathers come true, especially in this period of national economic disequilibrium.”

Oyetola, who hailed the leadership of the civil service in the region for bringing and holding the meeting in Osun, reaffirmed his administration’s determination to ensure the standard of living and make life abundant for workers in the state.

Osun Head of Service Dr. Oyebade Olowogboyega told the participants of the state’s commitment towards repositioning and rebuilding the civil service.

He stressed the need for him and his colleagues to work together to ensure that the Southwest reclaimed its position as the most formidable and productive region

The Director-General DAWN Commission, Mr. Seye Oyeleye, told the participants to maximise the opportunity of the meeting to brainstorm on things that would effect change in the system.

 

 

Osun State Governor Adegboyega Oyetola has enjoined Nigerians to eschew things that can hamper the peaceful coexistence in the country.

He said the time had come for Nigerians regardless of socio-economic, religious, political and ethnic differences, to rise against insurgency and other acts capable of truncating the peaceful atmosphere.

Oyetola spoke as chairman at the 25th Annual Pre-Ramadan Lecture of the University of Lagos Muslim Alumni (UMA) at the weekend.

In the same vein, Lagos State Deputy Governor Dr Idiat Adebule, Sultan of Sokoto and President, Nigeria Supreme Council for Islamic Affairs (NSCIA) Alhaji Muhammad Sa’ad Abubakar and Oba of Lagos Oba Rilwan Akiolu called for promotion of diversity in the country.

Oyetola condemned insurgency in some parts of the country and called on Nigerians to see the nation’s diversity as a blessing for unity, peace and integration.

The governor urged citizens to place as priority, the bond that binds everyone together as a united entity, rather than inciting one another to cause mayhem.

He said: “Unfortunately, we engage in the negativity of intolerance in diversity, hence we have xenophobia, ethnic and religious chauvinism, which is often wrapped around religion to justify these evil and un-Islamic positions.

Oyetola who described the religion of Islam as an antithesis to violence and insurgency, called on the interlopers to stop wrecking havocs in disguise under Islam.

He warned the perpetrators to sheath their swords and embrace peace in the interest and future of the country.

Oyetola called on government at all levels to evolve policies that would strengthen unity in diversity.

He said: “Hate and extremism, therefore, is not intrinsic to Islam and was never a part of our spiritual DNA. If we are to promote diversity, we must chain this beast called extremism. In Nigeria, thousands have lost their lives to mindless nihilistic violence perpetrated by Boko Haram, who are simple bandits parading themselves to be Muslims.

“Again in another clime -The white supremacist zealot-Brenton Tarrant shocked the world when he gunned down 50 Muslims from diverse backgrounds and countries in cold blood as they prayed in Mosques in New Zealand just a few weeks ago, and about 25 years before Tarrant went on his rampage, in the very year this Ramadan lecture started, one Baruch Goldstein, a Jewish zealot, gunned down Palestinian Muslim worshippers killing 29 and wounding 125 on February 25th, 1994.

“God has created multitudes where each individual or creature or phenomenon is unique in and of itself. It is this same diversity we mean when we say Nigeria is a multi-ethnic nation.

Read also: Oyetola urges citizens on philanthropy

“We must, therefore, call out governments engaged in discriminatory policies that promote extremism as we call out extremists engaged in violence.

“I am a Governor today of the State of Osun, ruling over millions of Muslims, Christians and traditional worshippers. I owe them all fairness, justice without discrimination while affirming the diversity that Allah the creator of the world has entrenched within his creations. “We should note today that we Muslims are well placed to lead change against such noxious perceptions.”

Adebule said Islam is a religion of peace, urging its adherents to ensure peaceful co-existence with believers of other faiths.

The deputy governor said: “To us all, as Muslims and all religious beliefs, we must continue to use religion as a tool to promote peaceful co-existence, tolerance and good neighbourliness.

“Our administration remains committed to ensuring the right environment for all religions to thrive without discrimination. I am proud to say that Lagos State has the enviable record of being a state where different religions co-exist peacefully without friction and we are obliged to continue to promote this through policies and programmes that enhance better life for all,”

Sultan Abubakar described diversity as nature’s signature.

Nature, he said, is sustained only through its diversity.

“In other words, without diversity nature cannot be sustained and the world as we know it today would not be there… Of course, even within Islam, there are diversities, of tribes, cultures, schools, interpretations and views. This intra-religious diversity should be even easier to manage because the fundamentals of the belief system and the ultimate goals are the same,” he said.

The Sultan of Sokoto added that “Islam recognises the reality of diversity. It accepts it and rises above it to show that what matters is not race which is geographical or colour which is skin-deep but the quality of human character. That the human being is defined not by where he comes from or what language he speaks or even what social class he comes from, rather what he believes in and what values drive his character and behaviour.

Oba Akiolu described dishonesty as one of the major challenges facing the country.

Nigeria, he said, would develop if the larger population are honest in carrying out their duties.

He described President Muhammadu Buhari as rare among the politicians in the country.

According to him, the task of cleaning the country of mess is not for President Buhari alone, “it is for all of us.”