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Adeleke vs Oyetola: Appeal Court Reserves Judgment in Osun Governorship Debacle
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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.”
Oyo State Governor Seyi Makinde has expressed relief and joy over the release of the abducted schoolchildren and teachers in Oriire Local Government Area.
“It is such a big relief for all of us. Right now, I am overjoyed and can hardly say much,” the governor told Channels Television.
President Bola Tinubu has also expressed delight over the successful rescue of abducted children and teachers, commending the military, the DSS, and the Nigeria Police Force for ending their 56-day captivity.
The President said the security operation led to the arrest of eight suspected abductors while several others were neutralised, describing the outcome as a major relief for the victims, their families and the nation.
In a statement issued on Friday by his Special Adviser on Information and Strategy, Bayo Onanuga, Tinubu praised the security agencies for what he described as their tireless efforts in securing the victims’ release.
He also sympathised with the children, teachers and their families over the trauma they endured during the prolonged ordeal
The President further commended the Oyo State Government for its cooperation with the Federal Government throughout the rescue operation and urged the state to strengthen security around schools to prevent similar incidents.
President Tinubu also directed emergency response agencies to work with the Oyo State Government to provide the rescued children and teachers with all necessary medical care and relief support as they recover from the ordeal.
The schoolchildren and teachers kidnapped by suspected bandits in Oriire Local Government Area of Oyo State have been rescued after about 56 days in captivity.
According to a statement by presidential spokesperson, Bayo Onanuga, the victims were freed through the efforts of security agencies.
“Finally, all the kidnapped pupils and teachers in Oriire, Oyo State, have been rescued by our security agencies,” Onanuga said.
He disclosed that eight members of the kidnapping gang were arrested during the rescue operation and are now in the custody of the Department of State Services (DSS).
Onanuga said the rescue operation did not involve any exchange or concession to the kidnappers, noting that a notorious gang leader whose release had been demanded by the abductors remains in custody and is being prosecuted for his alleged crimes.
He added that security agencies would provide a full account of the operation soon.
“In the course of the rescue operation, eight of the kidnappers were arrested and are now in DSS custody, while some of them were neutralised. There was no quid pro quo in the rescue, as one of the terrorists, a kingpin whose release was demanded by the kidnappers, is being prosecuted for his atrocities. The security agencies will give full account soon,” he added.
In a video shared alongside the statement, a woman believed to be one of the rescued teachers was seen thanking President Bola Tinubu for securing their release. The schoolchildren were also seen eating biscuits and joining the teacher in chanting, “Thank you, sir,” at the end of her remarks.
“Hello sir, our father, we are grateful. Mr President, sir, we are grateful. We understand your commitment to our safety and we appreciate all you did for us. We could see your hand in this. Thank you very much. Every security operative tried so much, and that is why we are still alive today. We are very grateful to you. Thank you very much,” the teacher said.
President Bola Ahmed Tinubu, on Thursday, held a closed-door meeting with Nigeria’s Security Chiefs at the Presidential Villa, Abuja, as the Federal government reviewed the worsening security situation across the country.
The meeting focused on a comprehensive assessment of security challenges and developments across various theatres of operation.
Among those in attendance were the National Security Adviser, Nuhu Ribadu; Minister of Defence, Christopher Musa; Chief of Defence Staff, Olufemi Oluyede; Chief of Army Staff, Waidi Shaibu; and Chief of Defence Intelligence, Emmanuel Undiandeye.
Also present were the Director-General of the Department of State Services, Adeola Ajayi; Director-General of the National Intelligence Agency, Mohammed Mohammed; the President’s Special Adviser on Homeland Security, Major General Adeyinka Famadewa (retd.) alongside other security officials.
The meeting came 48 hours after troops of Operation FANSAN YAMMA, supported by the Air Component of the Joint Task Force (North West), foiled what the military described as a major planned terrorist offensive in Zamfara State and Katsina.
According to the military, the operation, carried out on July 7, involved three Nigerian Air Force aircraft that tracked a convoy of about 300 heavily armed terrorists travelling on motorcycles from the Sunke-Kumbo axis towards Gummi before launching precision airstrikes on the convoy.
The outcome of Thursday’s security meeting was not immediately disclosed, but it comes amid growing concerns over persistent attacks by terrorists, bandits, and other armed groups in several parts of the country.
