Tag: Omisore

  • N4.7b poll cash: Omisore asks EFCC to bring findings to court

    N4.7b poll cash: Omisore asks EFCC to bring findings to court

    A former Deputy Governor of Osun State, Otunba Iyiola Omisore, yesterday urged the Economic and Financial Crimes Commission (EFCC) to bring all the findings against him on alleged receipt of N1.3billion to the court.

    He said he did not collect money from the Office of the National Security Adviser (ONSA) and he never had any dealings with a former National Security Adviser, Col. Sambo Dasuki (retd.).

    Omisore, in a chat with our correspondent, accused the EFCC of alleged attempt to blackmail the opposition.

    He said: “The EFCC won’t stop at any height to blackmail the opposition. My AIT programme has attracted another falsehood to harass me.

    “Only yesterday morning, I accused the EFCC of dodging summons. I did not collect any money from the Office of the National Security Adviser (ONSA). I have not had any dealings with the NSA.

    “Last time, it was N700million today N1.3billion. Nigerians should be expecting higher multipliers in future. There was no such money in my account.

    “Let the EFCC bring all findings to the court instead of media hype. They have become APC harassment agency. No wonder, UK DFID withdrew their assistance.”

    Omisore insisted that he did not get any cash from ONSA for his failed governorship contest.

    He added:  “My election was funded from my resources and donations.”

    Asked why he has not appeared before the EFCC, he said it was because he has filed a case in court and the fact that the EFCC allegedly prejudged him.

    He said: “I accused the EFCC of dodging court service on AIT Live programme yesterday.”

    The EFCC had uncovered payment of N1.310billion to three firms said to be linked with Omisore.

    The cash was part of the N4.74billion which a former Minister of Defence, Musiliu Obanikoro, hauled to Governor Ayodele Fayose in a chartered plane on June 12, 2014.

    The firms are Fimex Gilt Limited, Metropolitan Consortium and Sawanara.

    The companies’ accounts in which the N1.310billion was paid into allegedly belong to Omisore, according to sources close to the investigation.

    According to a report by the EFCC, the N1.310billion traced to Omisore and the three companies was remitted as follows: Fimex Gilt Limited(N160m)-8/8/2014in UBA; Metropolitan Consortium(N350m)—9/7/14 in First Bank; Sawanara(N300m)—1/8/14 in First Bank and Metropolitan Consortium(N350m)-1/8/14 in First Bank.

  • EFCC uncovers payment of N1.310b to Omisore, firms

    EFCC uncovers payment of N1.310b to Omisore, firms

    The Economic and Financial Crimes Commission (EFCC) has uncovered payment of N1.310billion to three firms linked with a former Deputy Governor of Osun State, Iyiola Omisore.

    The cash was part of the N4.74billion which a former Minister of State (Defence), Musiliu Obanikoro hauled to Governor Ayodele Fayose in a chartered plane on June 12, 2014.

    The firms are Fimex Gilt Limited, Metropolitan Consortium and Sawanara.

    Preliminary findings indicated that the companies’ accounts in which the N1.310billion was paid into allegedly belong to Omisore.

    According to a report by the EFCC, the N1.310billion traced to Omisore and the three companies was remitted as follows: Fimex Gilt Limited (N160m) -8/8/2014in UBA; Metropolitan Consortium (N350m)—9/7/14 in First Bank; Sawanara (N300m)—1/8/14 in First Bank and Metropolitan Consortium (N350m)-1/8/14 in First Bank.

    A top EFCC source, who spoke in confidence, said: “Preliminary findings have shown that N1.310billion out of the N4.745billion from ONSA was remitted to the three firms and the accounts of these three companies belong to Omisore. This is one of the reasons we have invited the former Deputy Governor but he is yet to show up.

    “We have also declared him wanted and we are still looking for him.”

    In an affidavit before a court, Omisore once admitted that he had a link with Fimex Gilt Limited as a director.

    He said the EFCC was desperate to arrest and humiliate him.

    He said although he was a director of the company, he had since resigned.

    He said he loaned the company through its MD the “funds required to perform the contract.”

    He added: “That upon the company’s receipt of the payment from ONSA for the contract, the MD repaid to me the prior sum I had lent to Fimex Gilt Limited after I had resigned as a director of the company.

    “That since resigning as a director of Fimex  Gilt Limited, I have no further interests, affiliations or dealings with same and I was in no way involved in the performance of the contract between  ONSA and  Fimex  Gilt Limited.

    The anti-graft agency wrote to Omisore on April 7,  inviting him for interrogation.

    The letter, signed by Abubakar Madaki on behalf of the Acting Chairman of EFCC, reads in part: “The commission is investigating an alleged case in which your name featured prominently.

    “In view of the above, you are kindly requested to interview the undersigned on Monday, 11th of April 2016 at No.30, Harper Crescent, Wuse Zone 7 at 10am.

    “Your cooperation in this regard is solicited.”

    Instead of honouring the invitation, Omisore wrote through one of his lawyers, Wole Jimi-Bada and Co., that the interview should be rescheduled to April 14.

    The counsel said: “We regret to inform you that our client travelled briefly out of Abuja but will return by Wednesday evening accordingly to our instructions. Consequently and unfortunately, he will not be able to attend the interview scheduled for Monday, 11th April 2016 as requested in your letter under reference.

  • Defamation: Omisore sues EFCC for N10bn

    Defamation: Omisore sues EFCC for N10bn

    Senator Iyiola Omisore, a former deputy Governor of Osun State, has dragged the Economic and Financial Crimes Commission (EFCC) before a Federal High Court sitting in Abuja, over alleged defamation, asking for N10bn as damages. Omisore, who said the commission erred by declaring him wanted, is also seeking an order restraining the EFCC from further publishing any libelous publication against him.

    A statement by Diran Odeyemi, spokesperson for the Peoples Democratic Party (PDP) in Osun State, claimed the plaintiff joined the spokesperson for the EFCC, Wilson Uwajaren as the second defendant. “The defendants damaged his good reputation by allegedly concocting falsehood against him and portraying him as somebody who could not be trusted in an advertorial published in The Nation newspaper of May 18, 2016,” the statement claimed.

    It would be recalled that EFCC declared Omisore wanted after he refused to honour its invitation in a case of receiving and misappropriation of over N700m between June–November 2014 from the office of the National Security Adviser. But the Senator said a court had restrained the EFCC from arresting him.

    He argued that the advertorial that newspapers published portrayed him as a dishonest person, who was seeking to evade the law. He explained that sometime in 2014, Fimex Gilt Ltd. presented some proposals to the former National Security Adviser, Col. Sambo Dasuki (retd) on some security services it could render towards combating the scourge of terrorism and influx of terrorists into the country.

  • EFCC declares Omisore wanted over N700m arms cash

    EFCC declares Omisore wanted over N700m arms cash

    The Economic and Financial Crimes Commission(EFCC) yesterday declared a Deputy Governor of Osun State, Senator Iyiola Omisore wanted in connection with alleged N700million paid to a company in which he has interest by the Office of the National Security Adviser(ONSA).

    The said money was paid to the ex-Deputy Governor when ONSA was under the administration of a former National Security Adviser, Col. Sambo Dasuki.

    The cash was allegedly paid between June and November 2014.

    A statement by the Head of Media and Publicity of the anti-graft commission, Mr. Wilson Uwujaren, said: “The EFCC today declared a former Deputy Governor of Osun State, Senator Iyiola Omisore wanted.

    “The former senator is wanted in connection with a case of receiving and misappropriating the sum of over N700, 000,000.00 from the Office of the National Security Adviser (ONSA) between June and November, 2014.

    “Omisore has been elusive and refused to report to the Commission after invitation was extended to him on April 7, 2016 requesting him “to come and make clarification on the ongoing investigation”.

    “Instead of responding to the Commission’s investigation Omisore had approached the Federal Capital Territory High Court for the enforcement of his fundamental human rights.

    “Justice Husseini Baba Yusuf consequently ordered that Omisore should only be arrested through a due and legal process.

    “The EFCC thereafter obtained a warrant to effect the arrest of the politician.”

    As part of the N700million probe, the EFCC had invited Omisore for interrogation in connection with a N442, 600,000 security contract which was awarded to a firm linked to him by the ex-NSA

    Omisore was a director of the company as at the time of the award of the contract and a payment of N370million out of the project sum was effected.

    Part of the N370million was allegedly made into the account of the ex-deputy governor.

    Based on the recommendation of a Presidential Committee, EFCC was scrutinizing records of how the contract was executed with nothing to show for it.

    The anti-graft agency through a letter, CR: 3000/EFCC/ABJ/ STF/Vol.3/116 of April 7, 2016 invited Omisore for interrogation.

    The letter, signed by Abubakar Madaki on behalf of the Acting Chairman of EFCC, reads in part: “The commission is investigating an alleged case in which your name featured prominently.

    “In view of the above, you are kindly requested to interview the undersigned on Monday, 11th of April 2016 at No.30, Harper Crescent, Wuse Zone 7 at 10am.

    “Your cooperation in this regard is solicited.”

    Instead of honouring the invitation, Omisore wrote a letter through one of his lawyers, Wole Jimi-Bada and Co. that the interview should be rescheduled to Thursday, April 14, 2016.

    The counsel said in part: “Your letter dated 7th April 2016 and addressed to our client and delivered to his gateman at our client’s residence has been passed on to our chambers.

    “We regret to inform you that our client travelled briefly out of Abuja but will return by Wednesday evening accordingly to our instructions. Consequently and unfortunately, he will not be able to attend the interview scheduled for Monday, 11th April 2016 as requested in your letter under reference.

    “On his behalf, we humbly request that the interview be rescheduled for 14th April 2016 for him to come to honour your invitation.

    “We deeply regret any inconvenience this request may cause you.”

    But rather than coming for interrogation on the appointed date, Omisore approached the High Court of to restrain it from performing its statutory functions.

    In an affidavit deposed to by Detective Nuru Buhari Dalhatu, dated May 6, 2016, and obtained exclusively by The Nation, the EFCC urged the court to ignore Omisore’s application.

    The affidavit reads: “That the EFCC is investigating cases of alleged payments made by the office of the immediate past National Security Adviser, Col. Mohammed Sambo Dasuki (rtd) to individuals and companies with nothing to show for it.

    “That in one of the alleged cases the EFCC is investigating, the name of the applicant (Omisore) featured prominently as revealed by intelligence report.

    “That the EFFC wrote a letter of invitation to Omisore inviting him for an interview as to why his name featured prominently in an alleged case being investigate by the commission.

    “That the applicant upon the receipt of the EFCC’s letter to attend the interview scheduled for Monday, 11th April 2016, instead of honouring the invitation, wrote a letter through his lawyer that the interview be rescheduled to Thursday, 14th April 2016.

    “That the applicant instead of honouring the invitation in line with his rescheduled date of April 16 decided to institute this action to restrain the EFCC from performing its statutory function.

    “That from the letter of invitation, the EFCC neither threatened the arrest and indefinite detention of Omisore nor did it violate or intends to violate his fundamental right to personal liberty and dignity.

    “That Omisore is using this action and those instituted by other respondents as a shield to frustrate further investigation of the case which his name featured prominently under investigation.”

    A company, Fimex Gilt Limited, submitted proposals to ex-NSA Dasuki towards combating the scourge of terrorism and the illegal influx of terrorists into the country through porous borders.

    The scope of the N442million proposals was as follows:

    • Border protection and Intelligence Services Programme
    • Supply of Armoured Personnel Carriers
    • Provision of training support for non-conventional counter-terrorism methods

    The Managing Director of Fimex Gilt Ltd, Adetona David Famadewa alleged that the company was able to “establish a relationship with the Office of National Security Adviser (ONSA) through a third party, to wit: the late Ooni of Ife, Oba Okunade Sijuwade.

    He said N370million was paid out of N442million and the contract was not “renewed due to the change of government.”

    He said N52, 600,000 remains outstanding to date out of the contract sum.

    But after facing a contract Review Committee, the company was directed to “refund the entire payment it received from ONSA.”

    The company was also among 241 others referred to EFCC for further investigation leading to the invitation of Omisore.

    The EFCC is probing how part of the N370million paid to Fimex Gilt Limited was remitted into Omisore’s account.

    Although the ex-deputy governor was not immediately available, he had sworn to an affidavit to plead with the court to save him from being arrested and humiliated.

    He said although he was a director of the company when the contract was awarded to it, he had since resigned.

    He said he loaned the company through its MD the “funds required to perform the contract.”

    He added: “That upon the company’s receipt of the payment from ONSA for the contract, the MD repaid to me the prior sum I had lent to Fimex Gilt Limited after I had resigned as a director of the company.

    “That since resigning as a director of Fimex  Gilt Limited, I have no further interests, affiliations or dealings with same and I was in no way involved in the performance of the contract between  ONSA and  Fimex  Gilt Limited.

    “That based on the statements and threats by the EFCC and ONSA, I am in fear of their breaching or being likely to breach my fundamental rights for purely political motives and purposes.

    “That there is imminent danger that I would be arrested and detained indefinitely by the EFCC and ONSA.”

  • N442.6m arms’ contract: EFCC  accuses Omisore of evading probe

    N442.6m arms’ contract: EFCC accuses Omisore of evading probe

    The Economic and Financial Crimes Commission (EFCC) has invited a former Deputy Governor of Osun State, Sen. Iyiola Omisore, for interrogation for a N442, 600,000 contract awarded to a firm linked to him by former National Security Adviser (NSA) Sambo Dasuki.

    Omisore was a director of the company when the contract was awarded and N370 million paid.

    Part of the N370 million was allegedly paid into Omisore’s account.

    Based on the recommendation of a Presidential Committee, EFCC was scrutinising records of how the contract was executed, “with nothing to show for it”.

    But Omisore asked the High Court of the Federal Capital Territory (FCT) to restrain EFCC from arresting him.

    He said there was “imminent danger” that he would be arrested and subjected to inhuman treatment.

    Sources close to the investigation said a company, Fimex Gilt Limited, submitted proposals to Dasuki on combating terrorism and, in particular, the illegal influx of terrorists into the country.

    The scope of the N442 million proposal was:

    • Border protection and Intelligence Services Programme;
    • Supply of Armoured Personnel Carriers (APCs); and
    • Provision of training support for non-conventional counter-terrorism methods.

    The Managing Director of Fimex Gilt Ltd, Adetona Famadewa, alleged that the company “established a relationship with the Office of National Security Adviser (ONSA) through a third party, to wit: the late Ooni of Ife, Oba Okunade Sijuwade”.

    He said N370 million was paid from the N442 million and the contract was not “renewed due to the change of government”.

    Famadewa said N52, 600,000 was outstanding.

    But after facing a Contract Review Committee, the company was directed to “refund the payment it received from ONSA”.

    The company was among 241 referred to the EFCC for investigation, leading to Omisore’s invitation.

    The EFCC is probing how part of the N370 million paid to Fimex Gilt Limited was remitted into Omisore’s  account.

    The anti-graft agency inviting Omisore for interrogation.

    The letter, signed by Abubakar Madaki on behalf of the acting chairman of EFCC,  reads: “The commission is investigating an alleged case in which your name featured prominently.

    “In view of the above, you are requested to interview the undersigned on Monday, April 11, 2016, at No.30, Harper Crescent, Wuse Zone 7, at 10 am.

    “Your cooperation in this regard is solicited.”

    Instead of honouring the invitation, said the source, Omisore wrote through a lawyer, Wole Jimi-Bada and Co., that the interview should be rescheduled to April 14.

    The counsel said in part: “Your letter dated April 7, 2016, and addressed to our client and delivered to his security at our client’s residence has been passed on to our chambers.

    “We regret to inform you that our client travelled briefly out of Abuja but will return by Wednesday evening accordingly to our instructions. Consequently and unfortunately, he will not be able to attend the interview schedule, as requested in your letter under reference.

    “On his behalf, we humbly request that the interview be rescheduled for April 14, 2016, for him to honour your invitation.

    “We regret any inconvenience this request may cause you.”

    The commission claimed that rather than coming for interrogation on the appointed date, Omisore approached the High Court to restrain it from performing its statutory functions.

    In an affidavit deposed to by Detective Nuru Buhari Dalhatu, dated May 6, 2016, and obtained by our correspondent yesterday, the EFCC asked the court to dismiss Omisore’s application.

  • ‘Omisore’s popularity claim a ruse’

    ‘Omisore’s popularity claim a ruse’

    The All Progressives Congress (APC) in Osun State has described the Peoples Democratic Party (PDP) governorship candidate, Iyiola Omisore’s, claim of popularity as laughable.

    Omisore, in an interview on a private radio station, declared himself the state’s most popular politician.

    But APC Chairman Adegboyega Famodun, in a statement, said the PDP candidate’s claim that he had won previous elections based on his popularity “is not only fraudulent, it is shamelessly incorrect”.

    Famodun said: “Omisore, as an individual candidate, has never legitimately won an election in the state. The only time, he was on the side of victorious party, was when he paired with Chief Bisi Akande for the governorship ticket of the Alliance for Democracy (AD) in 1999.

    “But before 2003, Omisore had not only fallen out of grace, he was facing criminal charges for the alleged murder of Chief Bola Ige, as a result of which he had become odiously unpopular in Osun  State and to top it all, he was in prison.

    “The 2003 election which he claimed he won from prison was one of the worst manipulated elections in our political history. Anybody with a memory better than Omisore will laugh at him for referring to that election as a mark of his popularity.

    “In 2007, Omisore could not convincingly win the senatorial election. The electoral tribunal annulled the election and ordered a re-run. But sensing defeat, Omisore and his PDP gang resorted to one of the most virulent violence Osun politics has ever witnessed.

    “The Action Congress (AC) quietly withdrew from that election to save lives. Omisore had no contest. So he did not win in 2007 because he was popular.

    “The real test of Omisore’s popularity was in 2011. His best performance was that he won his polling unit by 19 votes and lost his ward. He was defeated by Babajide Omoworare. The victory was so apparent; Omisore could not go to tribunal to contest it. That was how popular he was.

     

     

  • Omisore mischievous, says Aregbesola

    Omisore mischievous, says Aregbesola

    Osun State Governor Rauf Aregbesola has described the governorship candidate of the Peoples Democratic Party (PDP), Senator Iyiola Omisore, as mischievous and ignorant.

    The PDP candidate alleged  that the government took a N480 billion loan.

    During a radio interview, Omisore said Aregbesola unduly exposed the state to “an unnecessary loan”.

    The Director, Bureau of Communication and Strategy, Office of the Governor, Semiu Okanlawon, said the PDP candidate fabricated the loan figure.

    He said the “loan fabrication” has exposed Omisore’s ignorance in matters of public finance.

    “By virtue of the open nature of the Aregbesola administration every informed person in Osun and beyond has the figures of the state’s borrowings.

    “Osun could not have borrowed in secrecy as the two bonds in the capital market and the Sukuk Bond were taken in celebrated manners.

    “The government took the N14.4billion Sukuk bond in two tranches; it also approached the capital market for a N30 billion loan. These are verifiable facts and are in public domain.

    “So, what is new about this except that Omisore is only being mischievous in quoting his own figure.

    “He is only regurgitating the same old-fashioned lies that could not help him dislodge Aregbesola in the August 9 governorship election.”

    The governor said the people whom he owes explanation about the state’s finances are well-informed about the state finances.

    He, therefore, asked Omisore to explain why states under the control of the PDP are among the highest indebted states in Nigeria.

    “If it is not a crime for a government to source for funds for the development of the state, Omisore needs to tell us why states under the administration of his party are among the highest debtor-states in Nigeria.

    “So, if states with higher revenues from the Federation Account could borrow, how do you explain a state like Osun, which is number 34 on the allocation ladder, not seeking financial help where applicable to aid its development?

    “The other alternative, as Omisore would want us to believe, is for Aregbesola’s government to have left our dear people the way he met them and not lift a finger to transform their lives,” he said.

    According to Aregbesola, this is not the first time Omisore would throw up bogus figures as a means of confusing the people.

    He continued: “It is sad to note that this politician has failed to realise that this is the very strategy that has been his greatest undoing.

    “For instance, the Gbongan-Akoda Road; Osogbo-Ila-Odo-Kwara Boundary Road, which Omisore has fraudulently put at N102 billion all together cost a bit higher than N60 billion.

    “The Gbongan-Akoda-Osogbo Road costs N29.2 billion; the Osogbo-Ilaodo-Kwara Boundary will gulp N17.8 billion and the Oba Adesoji Aderemi Second Bypass Road N14.5 billion.”

    He said it would have made more sense for Omisore to give a complete breakdown of his figures and show how he arrived at N480 billion.

  • Omisore to Aregbesola: resign

    Omisore to Aregbesola: resign

    •You can’t be the alternative, says governor

    The Peoples Democratic Party (PDP) governorship candidate in Osun State, Senator Iyiola Omisore, has called on Governor Rauf Aregbesola to resign.

    “He should allow people with goodwill to run the government because under his watch, the state is on ‘life support’.”

    Speaking with reporters at the PDP secretariat in Osogbo yesterday, Omisore said for Aregbesola to have admitted that the issue of Osun was beyond his capacity, “I expect him to have communicated to the House of Assembly and honourably vacate the seat of governor”.

    He said: “Osun is now a failed state because of financial recklessness of the governor. I really appreciate the fact that he confessed that the present state of Osun affairs is beyond him and he should immediately throw in the towel.

    “Nearly all commercial banks in Osun are being owed one form of loan or the other. The matter has reached the stage that the committee of bankers in the state at their meeting resolved that no bank should borrow this government any more. They are also waiting for remittances into the state’s coffers.

    “The situation calls for sober reflections and we will also look at ways we are going to help our people in a manner that will not ridicule them.”

    In a swift reaction, Governor Aregbesola said that “Toju akata balewo, enu adie ko laotigbo meaning “The diseased eye of a fox is not a sing-song for the squawking hen.

    In a statement by his media aide, Semiu Okanlawon, Aregbsola said: “Given the tendency that Omisore represents, even if Osun were to come under the most incompetent of public administrators, he would still not be the alternative that Osun people want to live with.

    “An Omisore governorship is better imagined than experienced. Is it in his obvious lack of knowledge of what public administration and selfless service to the people is or that he represents a party that is actually responsible for Nigeria’s present predicament through its 16 years of misrule?

    “We are not surprised that the unpaid salary has made Omisore to find his voice after his fruitless search for a non-existent mandate. We do not expect anything better from a man who at the best of times, still fabricated lies against the Aregbesola administration all in his desperation to get the acceptance of the Osun people.”

    The governor said his administration was not reckless, maintaining that the records and evidence abound to establish the fact.

    According to him, “The National Bureau of Statistics, the Debt Management Office of the Presidency, and other agencies that operated under the PDP, could not find anything against me (Aregbesola) other than statistics that confirm how the Osun economy has been improved.

    “We recognise the hardship unpaid salaries can bring and we are appealing to our people for understanding and assuring them this will soon come to an end. But that is not to say that the likes of Omisore have any ideas that are capable of helping our people.”

  • APC: Osun free from Omisore

    APC: Osun free from Omisore

    The All Progressives Congress (APC) in Osun State has called on the people to rejoice because the state is finally free of a political albatross, Iyiola Omisore.

    The Supreme Court threw out the appeal of the Peoples Democratic Party (PDP) , which sought to have its candidate, Omisore, declared winner of the August 9, 2014 governorship election.

    In a statement by the APC Director of Publicity, Strategy and Research, Kunle Oyatomi, the party said: “The Omisore phenomenon of political terror is over for good, and the people can now breathe a sigh of relief.

    “The Supreme Court judgment was a coup-de-grace to Omisore’s political ambition to become governor.

     “The judgment depicted Omisore as a politician who lacked the wisdom to know when to stop pressing a futile cause.

    “Such politician would have been a complete disaster in office.

    “So Omisore’s defeat was the best thing to have happened to Osun.

    “Omisore is  one of the early casualties of the change that the resurgence of the rule of law has brought about and would enforce in the days ahead.”

  • Supreme Court: Omisore’s case lacks merit

    Supreme Court: Omisore’s case lacks merit

    The Supreme Court has upheld the victory of Osun State Governor Rauf Aregbesola in the August 9, last year, governorship election.

    A seven-man panel, led by Justice John Fabiyi, upheld the concurrent decisions of the election tribunal and the Court of Appeal in the petition filed by Iyiola Omisore of the Peoples Democratic Party (PDP).

    Justice Centus Chima Nweze, in the lead judgment, held that the two appeals by Omisore (SC/204/2015 and SC/204A/2015) were without merit and dismissed them.

    He upheld the decision of the election petition tribunal and Court of Appeal to the effect that the appellant failed to lead credible evidence to support his claim of malpractices in the election.

    Justice Nweze upheld the cross-appeal by Aregbesola and his party, the All Progressives Congress (APC), to the effect that the tribunal was wrong to have assumed jurisdiction over Omisore’s petition which, it found, was filed outside the seven days allowed under the Electoral Act.

    Omisore and the PDP had challenged the election at the tribunal, which delivered its judgment on February 6, dismissing their petition.

    Omisore and PDP proceeded to the Court of Appeal, Akure Division.

    Aregbesola and APC cross-appealed, challenging the competence of the petition and the admissibility of some computer generated documents tendered by the petitioners.

    In its judgment on April 2,  the Court of Appeal dismissed Omisore and PDP’s appeal, but allowed the cross-appeal in part.

    Still dissatisfied, Omisore and PDP appealed the Court of Appeal’s judgment (marked: SC/204/2015) and part of its decision in the cross-appeal (marked: 204A).

    Aregbesola also cross-appealed a section of the Court of Appeal’s decision in the cross-appeal, which discountenanced his objection to the admissibility of some documents tendered by the petitioners.

    Justice Nweze dismissed the preliminary objections filed against the appeal by Aregbesola and APC on challenging the competence of the appeals on the ground that the petitioners introduced a stranger to the case by wrongly describing the APC as All Progressive Peoples Congress (APPC).

    The court held that the error was typographical and harmless as the respondents did not complain of being misled by the error or that it did occasion a miscarriage of justice.

    The judge noted that while the appellants (the petitioners at the tribunal) called 43 witnesses and tendered 380 documentary exhibits (comprising electoral forms, result sheets, and sacks of ballot papers), their evidence were merely “dumped on the trial tribunal without any attempt to chat their nexus with the specific complaints in the specific areas on which issues were joined in the settled pleadings.

     “My understanding of the sacred principles consecrated in Section 139 of the Electoral Act, that is, the doctrine of substantial compliance, is that its consideration will only arise where the petitioners, such as the appellants, who are the petitioners at first instance, have succeeded in establishing substantial compliance with the principles of the Act.

    “The lower court having rightly affirmed the trial tribunal’s finding that, in the instant petition, the petitioners have failed to establish before us, what provisions of the Electoral Act and Manual have been contravened, by any of the respondents in the conduct of the election in any of the polling units being questioned. We shall say no more on that.

    “The same applies to the lower court’s affirmation of the finding relating to the appellants’ failure to prove the criminal allegation of malpractices beyond reasonable doubt.

    “The net effect is that there is no merit in the appellants’ complaint in the composite issues just dealt with under the rubrics of the Principles of Evidence.

    “Having resolved the three issue in favour of the cross-appellant, I have no hesitation in allowing the cross appeal. Cross appeal is hereby allowed.

    “For the avoidance of any doubt, the orders of this court are as follow:

    •There being no merit in the preliminary objections in respect of the appeal number SC/204/2015, I hereby enter an order dismissing them.

    •There being no merit in the main appeal, SC/204/2015, the said appeal, SC/204/2015 is also dismissed.

    •The preliminary objections in appeal number SC/204A/2015 are equally discountenanced as being unmeritorious.

    •Finding no merit in appeal number SC/204A/2015, I hereby dismiss it.

    •Cross-appeal on the admissibility of documents is hereby allowed.

    •I further affirm the concurrent findings of the trial tribunal and the lower court on the due election and due return of the first respondent, Ogbeni Rauf Aregbesola, as the governor of Osun State. These are the orders of the court,” Justice Nweze said.

    The other members of the panel agreed with the lead judgment.

    They noted  that the two appeal by Omisore and the PDP were unnecessary as they merely wasted the court’s time and that the cross appeal by Aregbesola “was an overkill”.