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Tag: ADELEKE

  • Staff audit: We will abide by Osun Assembly’s decision, says Adeleke

    Staff audit: We will abide by Osun Assembly’s decision, says Adeleke

    Osun state government has said that it would not stampede the duties of legislative arm, following the indefinite suspension of the ongoing staff audit by the aate House of Assembly.

    Speaking with The Nation via telephone, Oladele Bamiji, the senior special assistant to Governor Ademola Adeleke, noted that the executive arm will put the interests of the state workforce and the people first.

    He explained that, “we understand that there were some complaints against the head of the consultancy firm doing the staff audit, so the House needs to go through the petitions judiciously without any form of bias.

    Read Also: Aregbesola’s loyalists rename faction, disown members for accepting Adeleke’s appointment

    “She need to come forward and explain her side about those petitions against her so that it will not look as if government is pampering her against the interests of the workforce.

    “No matter what the Executive Arm is expecting from the staff audit, the overall interest is the people of the state. The legislative arm of the government is an independent arm and the state government will not interfere nor stamped the arm to perform its constitutional duties.”

  • Oyetola vs. Adeleke

    The legal tango over the Osun State gubernatorial election held on 22nd and 27th September 2018, would be determined by the Supreme Court if the Peoples Democratic Party (PDP) carriers out its threat to appeal the judgment of the Court of Appeal delivered last Thursday, setting aside the March 22nd judgment of the Osun State Governorship Election Tribunal, which sacked Governor Adegboyega Oyetola. While awaiting the apex court, let us examine some gravamen of the legal dispute.

    Of particular interest to this column is the issue raised at the appeal by Wole Olanipekun SAN: whether the absence of learned Justice Peter Obiorah (who authored and read the lead judgment) at the tribunal sitting on February 6, has not rendered the majority decision of the tribunal a nullity. The learned Justice Obiorah was a member of the three-man panel that heard and determined the petition of Senator Ademola Adeleke and the PDP. On a majority of two-to-one, Adeleke carried the day at the tribunal.

    That judgment has now been set aside on appeal, by a four-to-one majority panel, led by Justice Jummai Sankey.  While Justices Abubakar Yahaya, Isaiah Akeju and Bitrus Sanga agreed with Justice Sankey, Justice Ita Mbaba dissented. Interestingly, there is a plethora of cases on the validity of a judgment delivered by a panel different from the one that heard a case. In Awolola v Governor Ekiti State (2019) All FWLR, (Pt. 971), 1-55, the Supreme Court was invited to overrule its decision in Ubwa v Tiv Area Traditional Council (2004) 11 NWLR (Pt. 884) 427 as well as Sokoto State Government v Kamdex (Nig.) Limited (2007) 7 NWLR (Pt. 1034) 466.

    In Ubwa v Tiv Area Traditional Council, Magaji JCA who did not participate in hearing the appeal wrote and delivered a concurring judgment, in the case heard by Akpabio, Umoren and Chukwuma-Eneh, JJCA; while in Sokoto State Government v Kamdex (Nig) Ltd, Justices Ogebe, Aderemi and Chukwuma-Eneh heard an appeal, however Justice Galadima who did not hear the appeal, wrote and delivered a concurring judgment, instead of Ogeb JCA. In Ubwa’s case, the apex court had after considering sections 247(1), 294(2) ad (4) of the 1999 constitution declared the judgment a nullity and ordered a retrial.

    Also in Sokoto State government’s case, the Supreme Court held that the judgment was not a complete judgment of the Court of Appeal ‘because one of the Justices who heard the appeal did not reduce his judgment or opinion in writing capable of being delivered … as required by section 294(2) of the 1999 constitution.’ However in Awolola v Governor Ekiti State, the Supreme Court reversed its earlier decisions, including Shuaibu v N.A.B. Ltd (1998) 5 NWLR (Pt. 551) 582, (1998) 4 SCNJ 109.

    The learned Justices referring to section 258(1), (2) and (3) of the 1979 Constitution held: “Sub-section (3) (supra) clearly provides a solution like the one at hand in this case, as it stated that where the decision of the court consists of more than one judge, the concurring opinion expressed by the majority justices shall be the binding.” They further held: “The sudden appearance of the name of Adio JCA as delivering a concurring judgement must be without doubt a genuine mistake made in the course of compiling the record.”

    Interestingly, in Awolola v Governor Ekiti State, if the judgment of the judge who is not a member of the original panel is discountenanced, the judgment still stood as judgment of the majority. However, in Oyetola v Adeleke’s case at the tribunal, the panel is made up of three members. So should the Supreme Court find the judgment of Justice Peter Obiorah, one of the panellist invalid, because he did not sit with the other two members on February 6, as shown by the records of appeal, there will be no majority judgment left to stand, since the tribunal was made up of only three judges.

    The surviving judgment, will become a minority judgment, just like the dissenting judgment of the chairman of the tribunal, and may therefore not meet the threshold established in Awolola v Governor Ekiti State and Shuaibu v N.A.B. Ltd, or even the earlier case of Adeigbe v Kusimo (1965) NMLR 284, wherein the Supreme Court held: “We are therefore of the opinion that variations in the bench do not make the judgment a nullity; they may make unsatisfactory; and it may have to set aside for this reason, but whether they do or not depends on the particular circumstances of the case.”

    The circumstance in Oyetola v Adeleke may be such that the sitting of only two members out of three at a stage of the proceedings, may render the judgment nugatory as held by the dissenting judgment of Mary Peter-Odili JSC in Awolola v Governor Ekiti State. In her judgment, Justice Peter-Odili, quoted Justice Kutigi JSC in Ubwa v Tiv Area Traditional Council, wherein he said: “The entire proceedings before the Court of Appeal were a nullity because all members who heard the appeal and those who wrote the judgments were not all present throughout the hearing of the appeal which includes delivery of judgment.”

    Should the Supreme Court come to the conclusion that the absence of learned Justice Obiorah “throughout the hearing” of the petition (a position affirmed by section 285(4) of the 1999 constitution: which provides that the quorum of an election tribunal shall be the chairman and two members) affected the validity of judgement at the tribunal, and choose to order a retrial, Senator Adeleke and the Peoples Democratic Party may then face the challenge posed by the provision of section 285(6) of the 1999 constitution (as amended). That section provides that an election tribunal shall deliver its judgment within 180 days of the petition.

    No doubt, should PDP and her candidate proceed on appeal, the coming days will be days of anxiety for Governor Oyetola and Senator Adeleke and their supporters. That is because section 285(7) of the constitution (as amended) provides that “an appeal from a decision of an election tribunal or court shall be heard and disposed of within 60 days from the date of delivery of judgment of the tribunal.” Clearly, the reversal of the judgment of the trial tribunal brought a lot of excitement to the people of Osun, and many of them look forward to a favourable judgment at the apex court.

    Reacting to the victory at the appeal court, Adeniyi Adesina, the Chief Press Secretary to Governor Oyetola, on behalf of the governor wrote: “After months of uncertainty and wait in judicial wilderness, truth has finally prevailed over falsehood….” The next 60 days will determine who finally carries the day in the legal tangle.

  • Appeal Court to hear Adeleke, PDP’s appeals May 8

    The Court of Appeal in Abuja has scheduled hearing for May 8, this year, in the separate appeals by the People’s Democratic Party(PDP) and its candidate in the last governorship election in Osun State, Senator Ademola Adeleke.

    The PDP and Adeleke are challenging the April 2, 2019 judgment by Justice Othman Musa of the High Court of the Federal Capital Territory (FCT) in Bwari.

    Justice Musa, in the judgment, held that Adeleke did not possess valid secondary school certificate for him to be eligible to stand for election for the seat of the Governor of Osun State.

    The judge noted that, while the court’s findings showed that Adeleke entered the secondary school in 1976, there was no record to show that he actually graduated as his name was not seen in the school’s register from 1980.

    Justice Musa equally noted that the result Adeleke attached to his form CF001, which he submitted to the Independent National Electoral Commission (INEC), was fake, as it was found to be different from the one presented to the court by the principal of Ede Muslim High School, Ede, Osun State.

    The judgment was in the suit by Wahab Raheem and Adam Habeeb, who claimed that Adeleke was not qualified, under Section 177 of the Constitution to contest the governorship election.

    At the Court of Appeal on Wednesday, proceedings were stalled when owing to the absence of the Independent National Electoral Commission (INEC) and the discovery by the court that the PDP has filed a separate appeal.

    Justice Abubakar Yahaya, who led the court’s three-man panel, said the court learnt the PDP filed a separate appeal on the same judgment and has elected to hear both together.

    Justice Yahaya also noted that INEC was absent and as not represented by a lawyer.

    Justice Yahaya said: “We are not going to consolidate the appeals, but it is only proper for us to hear all the appeals on similar subject matter on the same day.

    “We have seen that most of the processes have been exchanged,” the judge said, but added that the appeal by the PDP must be heard with the one filed by Adeleke, because they are on the same judgment.

    He adjourned till May 8 for the hearing of both appeal and directed that “hearing notice shall be served on INEC”.

    The appeal by Adeleke could also not be heard on April 25, this year, owing to improper service on the part of the appellant.

     

     

  • PDP alleges fresh plot to smear Adeleke

    The Peoples Democratic Party (PDP) has alleged fresh plots by some leaders of the All Progressives Congress (APC) to smear the reputation of its candidate in the Osun State governorship election, Senator Ademola Adeleke.

    Adeleke has been having a running legal battle with the APC over alleged falsification of his Secondary School Leaving Certificate.

    In a statement yesterday by the spokesman for the PDP, Kola Ologbondiyan, the main opposition party accused some unnamed APC leaders of knitting ludicrous allegation that Adeleke’s Secondary School Testimonial was forged.

    According to Ologbondiyan, the PDP already has information on how the APC used a former commissioner in the state to reach out to certain top security officers to use the fabrications to arrest and embarrass Adeleke and the Principal of his school, Ede Muslim High School, Ede, Mr. Kadili Adejare Abass.

    The PDP said it has also been fully informed of how huge sums of money has allegedly been forwarded as bribe to the compromised security agents to arraign and humiliate Adeleke and Mr. Adejare Abass on fabricated charges, even when they know they cannot prove any case.

    The party further claimed to be in possession of intelligence of attempts by agents of the APC to hack into Adeleke’s former school files, with the view to mutilating relevant academic documents, just to get at the lawmaker, not minding the harm such would cause other students of the school,” the party said.

    The PDP counselled the APC to accept its defeat in the Osun Governorship Election and desist from acts of mischief against Senator Adeleke, saying that such attempts will come to naught.

    The party also charged Nigerians, particularly the people of Osun, to continue to be at the alert in resisting what it described as the “noxious schemes” of the APC against their will as a people.

  • Alleged exam fraud: only Adeleke’s brother sat for 2017 NECO exams – witnesses

    *Court asks prosecution to be diligent

    Proceedings resumed on Wednesday in the trial of Senator Ademola Adeleke and four others before a Federal High Court in Abuja over their alleged involvement in examination malpractices.

    The prosecution called two witnesses – Emmanuel Odesola and Adigun Akintayo – who said they acted as supervisor and invigilator during the June/July 2017 National Examination Council (NECO) examination in Ojo-Aro Community Grammar School, Ojo-Aro, Osun State.

    Odesola (a teacher, who was a supervisor during the examination) and Akintayo (a teacher and invigilator during the exam) said they only saw Sirkiru Adeleke (the Senator’s brother), who is listed as the 2nd respondent, in the examination hall.

    The witnesses also said they did not experience any incident of examination malpractices.

    They said, of the five defendants, they only saw the second defendant (Sikiru Adeleke), the principal and registrar of Ojo-Aro Community Grammar School during the examination.

    Senator Adeleke, Sikiru Adeleke (who is said to be the senator’s relative), Alhaji Aregbesola Mufutau (the school principal), Gbadamosi Thomas Ojo (registrar) and Dare Samuel Olutope (teacher) were arraigned in November last year

    The five were arraigned on a charge marked: FHC/ABJ/CR/156/2018, filed in the name of the Inspector General of Police (IGP).

    Ademola and Sikiru were accused of fraudulently, through personation, registering as students of Ojo-Aro Community Grammar School, Ojo-Aro, Osun State to enable them sit for the National Examinations Council (NECO) examination of June/July 2017.

    The other three defendants were accused of aiding the commission of the alleged offence.

    Testifying on Wednesday, as the third prosecution witness, Odesola said he teaches at Akode Middle High School, Akoda, Ede, but served as supervisor during the 2017 examination.

    He admitted knowing the Adeleke and three other defendants, except Olutope, who

  • Adeleke’s nullification: ‘why Judgment won’t stand test of time’

    Two Senior Advocates of Nigeria, (SAN) have said that the FCT High Court judgment which nullified the nomination of Sen. Ademola Adeleke as the governorship candidate of the Peoples Democratic Party in the September 2018 Governorship Election in Osun, cannot stand the test of time.

    Speaking with the News Agency of Nigeria, (NAN) on Wednesday in Abuja, Mr Isreal Olondare (SAN) said that the judgment was not a sound one because the law stipulated that a person aspiring to any political office must be educated up to school certificate level.

    “The ruling cannot stand the test of time because during the trial, it was the prosecution that subpoenaed the West African Examination Council (WAEC) to come and tender the result of Adeleke in court.

    “They tendered the result and it was confirmed that he wrote the exams notwithstanding that maybe he failed the papers.

    “The constitution of Nigeria says that any person aspiring to office must be educated up to school certificate level it didn’t say that the person should have grade one or so on.

    “Since there is evidence that he was educated up to school certificate level, he is qualified to contest,” the senior lawyer contended.

    Moreover, he questioned the legality of the FCT High Court having jurisdiction to try a matter that arose from Osun state.

    On his part, Mr Nathaniel Oke (SAN), a counsel to Adeleke said that they were grossly dissatisfied with that judgment and would appeal it before the close of business on Wednesday.

    Read Also: Court: Adeleke unfit to run for Osun governor

    “We are appealing against it and before today expires, we will file our notice of appeal against that judgement because we do not agree with any of the reasons given.

    “We contended that our candidate having brought a certified true copy of the result of the examination he took in 1981 as ordered by the court with supportive affidavit, that in itself is sufficient to say that he is qualified.”

    According to Oke, you don’t have to pass the exam of WAEC before you can be qualified, the moment you make an attempt, is suffices, which is the requirement of the law.

    Justice Oathman Musa of an Abuja High Court, Bwari Area Council of Abuja on Tuesday, nullified the nomination Adeleke as candidate of the PDP in the Sept. 2018 Governorship Election in Osun State.

    Justice Musa annulled Adeleke’s nomination on the grounds that Adeleke offended Section 177 of the 1999 Constitution as amended.

    The section stipulates that candidates for the position of governor must be educated up to secondary school level.

    According to Justice Musa, while the court’s findings show that Adeleke entered secondary school in 1976, there is no record to show that he actually graduated as his name is no longer seen in the school’s register from 1980.

  • UPDATED Osun gov, Oyetola asks Appeal Court to reverse tribunal’s decision

    Osun State Governor, Adegboyega Oyetola, who contested the last governorship election on the platform of the All Progressives Congress (APC), has asked the Court of Appeal in Abuja to reverse the majority judgment given on March 22 by the Osun State election tribunal.

    The tribunal had, by a majority judgment given by two of its three members, voided the election of Oyetola, pronounced Ademola Adeleke of the People’s Democratic Party (PDP) winner.

    It then asked the Independent National Electoral Commission (INEC to issue him a certificate of return.

    In a 39-ground notice of appeal filed on March 26, 2019 by his team of lawyers, led by Wole Olanipekun (SAN), Oyetola faulted the majority judgment, given by Justices Peter Obiora and Anyinla Gbolagunte, on the grounds that it was perverse, replete with contradictions and not supported by evidence led by the petitioners.

    Oyetola wants the Court of Appeal to uphold his appeal, set aside the majority judgment and dismiss the October 16, 2018 petition by PDP and Adeleke.

    The governor said his complaint, in the appeal, was against the entire majority judgment, except where the tribunal held that it lacked jurisdiction to set aside INEC Guidelines; that the allegation of over voting was not proved; that the petitioners did not prove voided votes and other parts of the judgment where the tribunal agreed with their arguments.

    Oyetola is contending, in his first ground of appeal, that the entire of the majority judgment is a nullity because it was written and delivered by Justice Obiora “who did not participate in all the proceedings of the tribunal and who was not present when all the witnesses gave evidence.”

    He noted that Justice Obiora was absent on February 6 when the respondents witnesses (RWs) 12 and 13 – Ayoola Soji and Oladejo Kazeem – testified and tendered exhibits, which the tribunal admitted in evidence.

    The appellant argued that, having not attended the tribunal’s siting on February 6, 2019, Justice Obiora could not see the two witnesses and was unable to examine their demeanour, as required, and therefore, unlawful for the judge to have authored a judgment in which he reviewed the evidence given by the witnesses.

    He said: “The writing of and or the participation of the Honourable Justice P. C. Obiora in the writing of the judgment of the lower tribunal of 22nd March 2019 and delivery of same, vitiates the entire judgment.”

    Oyetola also argued the tribunal, in its majority judgment, erred in law and acted without jurisdiction when it accepted the petitioners’ complained of non-compliance with the provisions of Electoral Act in relation to the September 22, 2018 governorship election in Osun State and on that basis proceeded to nullify the victory of Oyetola and APC.

    It was equally the appellant’s contention the tribunal acted without jurisdiction by basing its decision to uphold the petition and set aside the return of the appellants on the basis of allegation of non-compliance with the Electoral Act, in relation to the September 22 governorship election.

    The appellant noted that, nowhere in the entire petition, did Adeleke and the PDP complained about non-compliance with the provisions of the Electoral Act in relation to the September 22, 2018 election.

    He added that the only ground, in the petition, alleging non-compliance with the provision of the Electoral Act was in relation to the rerun election held on September 27, 2018.

    Oyetola noted the tribunal contradicted itself in its conclusion, in page 191 of the majority judgment, to the effect that the information omitted by the election officers in the Forms EC8A in the 17 polling units, where the tribunal voided results, were essential to proving over-voting.

    He argued that, having earlier found that accreditation is not done on Form EC8A and that same (accreditation) cannot be proved without voters’ register, the tribunal was without jurisdiction to overrule itself.

    The appellant further argued that the tribunal erred in law when it cancelled elections in 17 polling units on the mere allegation of improper ballot accounting and accreditation details.

    Read Also : Oyetola reopens three tertiary institutions

    He argued that since all the witnesses called by Adeleke and the PDP admitted that the voting process was regular; that votes scored by each party were publicly announced after counting and that the announced scores of parties were truly reflected on Forms EC8A tendered by petitioners, the tribunal was wrong to have proceeded to cancel results.

    Oyetola said: “All petitioners’ witnesses testified and admitted that petitioners were not short-changed regarding the scores recorded for them in each Form EC8A tendered, and that no addition of votes was reflected in favour of the appellants.

    “The lower tribunal had rightly found that there was no over-voting; there was no voiding of valid votes; that accreditation can only be done through voters’ register; that no single ballot paper was tended before it.

    “By cancelling of elections in 17 poling units the lower tribunal acted without jurisdiction. By deciding as aforesaid, the lower tribunal discountenanced Section 139(1) of the Electoral Act.”

  • Judgment: Wild jubilation in Ede over Adeleke

    There was wild jubilation in Ede, Osun, the home town of Sen. Ademola Adeleke on Friday, following the tribunal judgement which upheld his election.

    The tribunal which sat in Abuja had declared Adeleke winner of the Sept. 2018 governorship election in Osun.

    Correspondent of the News Agency of Nigeria (NAN), who was in the town, reports that supporters of the Peoples Democratuc Party (PDP) as well people of Ede were seen dancing and singing victory song.

    At the country home of Adeleke, large crowd were seen within and outside his premises singing and dancing.

    Okada riders, in their large numbers, were also seen using their motorcycles to display different skills to celebrate the victory.

    Speaking on the victory, Mrs. Dupe Adeleke-Sanni, Adeleke’s elder sister, commended the judiciary for retrieving the ‘ stolen mandate ‘.

    Adeleke-Sanni, who said she dedicated the victory to God and his late brother Sen. Isiaka Adeleke, said the victory was well-deserved.

    “We thank God for returning our stolen mandate.

    “It is not by our might or power but by the grace of God that we have the mandate back,” she said.

    She, however, commended the people of Ede for standing with the family during the trying period, urging them to continue to stand with them.

    NAN reports that the Osun State Governorship Election Petition Tribunal sitting in Abuja had on Friday declared Adeleke winner.

    The three-member panel said during its ruling that the re-run election that held on Sept. 27, 2018, was illegal.

    The tribunal, therefore, deducted the votes scored by the All Progressives Congress (APC) candidate, Gboyega Oyetola, in the re-run after declaring it illegal.

    The tribunal said Adeleke won the election at the first ballot on Sept. 22 and the re-run that INEC devised to reach a conclusion a week later was illegal.

    “The declaration of Oyetola is null and void,” the tribunal ruled in a majority decision of two with one member dissenting. (NAN)

  • Tribunal ruling already on appeal, says Governor Oyetola

    Osun State Governor Gboyega Oyetola says the judgment of Election Petition Tribunal that declared the Peoples Democratic Party(PDP) governorship candidate as winner has been put on appeal.

    Oyetola, in a statement by the Secretary to the State Government, Mr. Wole Oyebamiji, on Friday in Osogbo said justice will prevail.

    The state government charged the residents of the state to remain calm and go about their lawful activities following the tribunal judgment in the governorship election petition.

    It reassured the people of their safety and security of properties because “the Government of the State is still the only legitimate Government having the authority to govern the State.”

    The statement reads: “The Government of the State of Osun wishes to appreciate the teeming support of the majority of the people in all things essential for mutual progress.

    Read Also: Osun: Judiciary defender of our democracy -Atiku

    “As it is, the administration of His Excellency, Mr. Adegboyega Oyetola, Governor, State of Osun, wishes to assure the people that the judgment of the Election Tribunal has been put on appeal.

    “This is to further assure all the residents of the State of adequate security of lives and properties, as the Government of the State is still the only legitimate Government having the authority to govern the State.

    “We assure all our people that justice will prevail at last, and the law enforcement agencies have been instructed to maintain law and order across the State. We therefore urge all the residents of the State to go about their lawful duties without any hindrance.”

  • Adeleke’s victory triumph of people’s will, says PDP

    The People’s Democratic Party ( PDP ) has hailed the verdict of the Osun State Governorship election tribunal, which upheld the victory of its candidate, Senator Ademola Adeleke, describing the judgement as a victory for democracy and triumph of the will of the people.

    The main opposition party said the judgment was a clear indicator that those who set out to destroy the nation’s democracy can never triumph and that no matter how evil and injustice appear to thrive; the truth must always prevail at the end of the day.

    In a statement Friday by the spokesman for the PDP, Kola Ologbondiyan said Nigerians have accepted democracy as a way of life and a form of government that suits the multi-plurality of the nation.

    The statement said, “The spontaneous jubilation that greeted this judgment is therefore a direct indication that it is in consonant with the wishes and aspiration of Nigerians across the board.

    “For those who have been desperate to destroy our democracy, this judgment has proven to them that their shenanigans will always come to no avail.

    “The PDP commends the judiciary for standing upright in the defence of democracy and for ensuring that those involved in the rapacious desecration of our democratic norms will never succeed.

    “This verdict, which reverberates across our nation, points to the fact that the truth will always prevail and that our party, the PDP, will recover all our stolen mandates in the 2019 general elections, particularly, the Presidential mandate, which Nigerians freely gave to our candidate, Atiku Abubakar.

    “Furthermore, all our candidates who have already won their elections, but whose victories are being manipulated by anti-democratic forces, must take solace in the words of the Osun election petition panel, that once valid votes have been declared and a winner emerges by majority of votes, a rerun is illegal

    “The PDP congratulates Senator Adeleke, the good people of Osun state as well as all lovers of democracy across our country for the triumph of justice over impunity, abuse of electoral processes and unfettered political rascality”.