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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.”

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Organ Harvesting: UK Court Convicts Ekweremadu, Wife, Doctor

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Former Nigerian Deputy Senate President, Ike Ekweremadu, wife and a doctor have been convicted of organ trafficking, in the first verdict of its kind under the Modern Slavery Act.

The 60-year-old politician, his wife, Beatrice, 56, and Dr Obinna Obeta, 51, were found guilty of facilitating the travel of a young man to Britain with a view to his exploitation, after a six-week trial at the Old Bailey, according to the UK Guardian.

They criminally conspired to bring the 21-year-old Lagos street trader to London to exploit him for his kidney, the jury found.

The UK Guardian said he could not reveal the name of the donor for legal reasons, adding that he had been offered an illegal reward to offer his kidney to the senator’s daughter.

It also said Sonia’s kidney disease forced her to drop out of a master’s degree in film at Newcastle University, the court heard as it said Sonia was found not guilty.

In February 2022 the man was falsely presented to a private renal unit at Royal Free hospital in London as Sonia’s cousin in a failed attempt to persuade medics to carry out an £80,000 transplant.

For a fee, a medical secretary at the hospital acted as an Igbo translator between the man and the doctors to help try to convince them he was an altruistic donor, the court heard.

The prosecutor Hugh Davies KC told the court that Ekweremadus and Obeta had treated the man and other potential donors as “disposable assets – spare parts for reward”. He said they entered an “emotionally cold commercial transaction” with the man.

Ekweremadu’s attitude as a successful lawyer and founder of an anti-poverty charity who helped draw up Nigeria’s laws against organ trafficking portrayed “entitlement, dishonesty and hypocrisy”, Davies told the jury.

Davies said Ekweremadu, who owns several properties and had a staff of 80, “agreed to reward someone for a kidney for his daughter – somebody in circumstances of poverty and from whom he distanced himself and made no inquiries, and with whom, for his own political protection, he wanted no direct contact”.

He added, “What he agreed to do was not simply expedient in the clinical interests of his daughter, Sonia, it was exploitation, it was criminal.

“It is no defence to say he acted out of love for his daughter. Her clinical needs cannot come at the expense of the exploitation of somebody in poverty.”

Ekweremadu, who denied the charge, told the court he was the victim of a scam. Obeta, who also denied the charge, claimed the man was not offered a reward for his kidney and was acting altruistically. Beatrice denied any knowledge of the alleged conspiracy. Sonia did not give evidence.

WhatsApp messages showed to the court revealed Obeta charged Ekweremadu N4.5 million (about £8,000) made up of an “agent fee” and a “donor fee”.

Ekweremadu and Obeta admitted falsely claiming the man was Sonia’s cousin in his visa application and in documents presented to the hospital.

Davies said Ekweremadu ignored medical advice to find a donor for his daughter among genuine family members.

He said: “At no point in time was there ever any intention for a family member close, medium or distant to do what could be paid for from a pool of donors.”

The judge, Justice Jeremy Johnson, will pass a sentence on 5 May.

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UK Plans to Sanction Electoral Offenders, Collates List

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The British High Commission has said the UK Minister of State for Development and Africa, Andrew Mitchell MP, is prepared to take action against those who engaged in or incited electoral violence during the just-concluded general elections.

The commission said the UK was already collating names of perpetrators and would impose sanctions “including preventing people from obtaining UK visas or imposing sanctions under our human rights sanctions regime.”

In a statement made available to our correspondent on Wednesday, the high commission said, “We can confirm that we are collating relevant information, with a view to taking action against some individuals.”

The high commission, which said it deployed observers in six states, noted, “There were notable points of concern.  Members of our observation mission personally observed violence, and voter suppression in numerous voting locations. We witnessed and received credible reports from other observer missions and civil society organisations of vote buying and voter intimidation, the destruction and hijacking of election materials and the general disruption of the process in numerous states including Lagos, Enugu and Rivers.

“In addition, we observed incidents of harassment of journalists. Freedom of speech and a free press is crucial for a healthy democracy, and journalists must be able to go about their work without being threatened.

“The UK is concerned by the use of inflammatory ethnoreligious language by some public and political figures.  We call on all leaders not just to distance themselves from this kind of language, but to prevent those who speak on their behalf from doing so in this way.

“It is a testament to their commitment to democracy that many Nigerians were prepared to vote despite being faced with intimidation and hostility.”

It, however, commended the Independent National Electoral Commission for improving on its performance during the governorship and state Houses of Assembly elections on March 18.

The Punch

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INEC Declares LP’s Alex Otti Winner of Abia Guber Polls

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The Independent National Electoral Commission, INEC, has declared Alex Otti of the Labour Party, LP, winner of the Abia state governorship election.

Otti defeated his closest rival, Okey Ahiwe of the Peoples Democratic Party, PDP, to emerge winner.

The Labour Party candidate scored 175, 467, while Ahiwe polled 88,529.

INEC Returning Officer in the state, Prof Nnenna Nnannaya-Oti declared Otti the winner on Wednesday evening after the resumption of the final collation of governorship election results in Umuahia.

The electoral umpire had suspended the collation of results for 48 hours.

Reacting, Otti praised God for his victory at the poll.

Tweeting via his verified Twitter handle, Otti wrote: “See what the lord has done.”

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