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Oyetola, Adeleke Present as Appeal Court Hears Osun Guber Case, Reserves Judgment
Governor Adegboyega Oyetola of Osun State, in company of his party, the All Progressives Congress, and the Independent National Electoral Commission, and the Peoples Democratic Party (PDP) flag bearer in the september 22, 2018 osun Gubernatorial election, Senator Ademola Adeleke, were all present on Wednesday as the Abuja Division of the Court of Appeal attempted to overturn or uphold the March 22, 2019 judgment of the state Governorship Election Petitions Tribunal, which nullified the governor’s victory and declared Adeleke winner.
A five-man panel led by Justice Jummai Sankey, heard all the three appeals and a cross-appeal filed in relation to the disputed election and reserved its judgments.
The date of the judgments is to be communicated to the parties via hearing notices that will be served on their lawyers whenever the judgments are ready.
With Justice Sankey presiding, other members of the appeal panel which heard all the four appeals on Wednesday were Justices Abubakar Yahaya, George Mbaba, Isaiah Akeju and Bitrus Sanga during the over five hours long proceedings.
INEC had declared Oyetola and the APC the winner of the Osun State governorship election on the basis of the cumulative results of the September 22, 2018 main election and the September 27, 2018 supplementary poll.
Dissatisfied with the result declared by INEC, the PDP and Adeleke had filed their petition before the three-man Osun State Governorship Election Petitions Tribunal, contending that they were the true winner of the election as they had already won after the September 22, 2018 poll and that there was no need for the September 27, 2018 supplementary election.
The tribunal, in its March 22, 2019 split judgment of two-to-one, nullified Oyetola’s victory and declared Adeleke and the PDP the winner of the election.
The tribunal’s chairman, Justice Ibrahim Sirajo, in his minority judgment, dissented from the majority judgment credited to Justices Peter Obiorah and Adegboye Gbolagunte.
The trio of Oyetola, the APC and INEC had filed separate appeals challenging the majority judgment.
Although, the majority judgment of the tribunal was in their favour, both Adeleke and the PDP had filed a cross-appeal to challenge the aspect of the verdict which held that they failed to prove allegation of over-voting raised in their petition.
At the Wednesday’s hearing of the appeals on Wednesday, Oyetola’s lawyer, Chief Wole Olanipekun (SAN), urged the Court of Appeal to uphold his client’s appeal and nullify the majority judgment of the tribunal.
He argued that Justice Obiorah, who wrote the lead majority judgment, was absent from the tribunal’s proceedings of February 6, 2019.
The senior lawyer maintained that Justice Obiorah’s non-signing of the day’s proceedings was sufficient evidence that he was absent from the proceedings.
Citing various Supreme Court judgments to back his argument, Olanipekun said Justice Obiorah’s presence or otherwise “goes to the root of fair hearing.”
“Adjudication cannot be done by proxy,” Olanipekun said.
He added that contrary to the claim by the counsel for Adeleke and the PDP, there was no conflict in the tribunal’s record, as it was clear from the record that Justice Obiorah was absent from the proceedings of February 6, 2019.
Olanipekun also maintained that the deduction of results said to have been affected by non-compliance and the declaration of Adeleke as the winner by the tribunal clearly violated the provision of section 140(2) of the Electoral Act, which, according to him, only empowers an election tribunal to order a re-run when allegation of substantial non-compliance of the Electoral Act is proved.
Responding, the lawyer representing both the PDP and Adeleke, Dr Onyechi Ikpeazu (SAN), urged the tribunal to dismiss the appeal and uphold the majority judgment of the tribunal.
On the issue of the absence of Justice Obiorah on the February 6, 2019 proceedings of the tribunal, Ikpeazu said there was a conflict in the record of the tribunal given the fact that the list of judges who sat that day contained Justice Obiorah’s name, but only that the judge did not sign the proceedings.
He noted that the appellants ought to have filed an affidavit alleging that the judge was absent from the proceedings and have the same affidavit served on the judge so that he could respond to the allegation.
Ikpeazu said, “Looking at the totality of the record, there is a conflict and it can only be settled through an affidavit.”
He said for the Court of Appeal to come to a conclusion that the judge was absent; the judge must be heard first.
He added that in the event that the judge was truly absent at the proceedings during which only two witnesses testified compared to the over 100 witnesses that testified during the entire proceedings, that alone could not amount to a nullification of the totality of the judgment read by the judge.
Ikpeazu also defended the majority judgment’s deduction of the affected votes and the tribunal’s declaration of Adeleke the winner on the grounds that the section 140(2) of the Electoral Act cited by Olanipekun had been struck down by Justice Gabriel Kolawole (now of the Court of Appeal) who was then sitting as a judge of the Federal High Court in Abuja.
Arguing the APC’s appeal, the party’s lawyer, Chief Akin Olujinmi (SAN), said the majority judgment was wrong.
He said the petition filed before the tribunal was incompetent as it only sought an order declaring the petitioners winner based on the September 22, 2018 poll with the exclusion of the supplementary poll.
Olujinmi also faulted the cancellation of results of the September 22, 2018 election in 17 polling units on the grounds of non-compliance with the Electoral Act.
He added that the petitioners only complained of non-compliance in respect of the supplementary poll of September 27, 2018 but the tribunal, in its majority judgment, misdirected the complaints against the election held in the 17 polling units on September 22, 2018.
Olujinmi also noted that the judgment held that the uncertified result sheets tendered by the petitioners were merely dumped on the tribunal without linking them to the case, yet the majority members went on to rely on the said dumped result sheets to deduct the results recorded by both the APC and the PDP in the 17 polling units.
INEC’s lawyer, Yusuf Ali (SAN), also urged the Court of Appeal to set aside the majority judgment on the grounds that in one breath, it held that the petitioners failed to prove their allegations of over-voting and non-accreditation of voters, yet in another breath, went on to nullify the election in 17 polling units on the basis of “non-compliance.”
Ali said the petitioners’ witnesses admitted during trial that the non-compliance in the form of failure of the electoral officers to fill some columns on result sheets accounting for accreditation of voters and ballot paper usage in the 17 polling units did not affect the votes recorded for the various parties in the polling units.
He added that by virtue of section 138 of the Electoral Act, the non-filling of the columns on the result sheets did not amount to a substantial non-compliance with the Electoral Act and never envisaged to be part of possible grounds of appeal.
In his responses to Olujinmi and Ali, Ikpeazu maintained that his clients, having “satisfied the constitutional threshold after the September 22, 2018 election, there was no reason why INEC should not have declared them the winner.”
He said his clients only waited for the supplementary election to be concluded since they could only file a petition after INEC must have announced the winner of the poll, contending that his clients’ petition was therefore not rendered incompetent for anchoring his prayers on only the September 22, 2018 election.
Ikpeazu also insisted that the non-filling of some columns of the result sheets went to the root of the transparency of the entire electoral process.
Mr Kehinde Ogunwumiju (SAN), argued Adeleke and the PDP’s cross-appeal, which was also opposed by the individual lawyers representing Oyetola, the APC and INEC.
The Punch
The recent US presidential election should be praised for its credibility and peaceful conduct. The election serves as a model for Nigeria, highlighting the importance of free, fair and transparent polls, according to the publisher of online platform, Bluefames Media, Mr. Victor Udoh
The US election saw Donald Trump, the Republican candidate, emerge victorious over Democrat, vice president Kamala Harris. Trump secured 270 electoral votes, surpassing Harris’s votes.
While congratulating Trump on his victory, Udoh noted that the election’s smooth process, devoid of issues like ballot box snatching, violence and technical glitches.
In contrast, Nigeria’s electoral process often faces challenges, including delays, vote-buying and disputes over results, he lamented. Udoh emphasized the need for Nigeria to learn from the US example, ensuring credible elections that reflect the will of the people.
He said: “Nigerians and the international community monitored the outcomes of the US election. You could see that the US electoral process demonstrates the value of credible and peaceful elections, which experience Nigeria can draw lessons from to improve its own electoral system.
“By embracing transparency, accountability and peaceful conduct, Nigeria can strengthen its democracy and ensure governance that truly represents the people’s will.”
Udoh, a publicist and motivator, pointed out that learning from the US experience, Nigeria can address its electoral weaknesses and foster a more robust democracy, which in turn, can lead to better governance, economic growth and improved living standards for Nigerians.
“Nigeria must prioritize electoral reform and transparency to ensure that its citizens’ voices are heard and valued,” he stressed.
He, however, warned that “a second Trump term may have significant implications for global issues like dollar value, immigration, energy and geopolitical stability.”
Victor Udoh is the publisher of online platform, Bluefames Media
“The revered traditional ruler of Ogwashi-Uku Kingdom, His Royal Majesty Obi Dr. Ifechukwude Aninshi Okonjo II, faces new and intensifying threats as landgrabbers and dissidents launch a smear campaign, weaponizing baseless accusations to discredit his ongoing efforts to secure Ogwashi-Uku’s land and bring justice. This orchestrated attack on the Obi includes recent petitions to the Department of State Services (DSS) accusing him of land grabbing and other unsubstantiated claims, further amplified in the media.
“Spearheading these efforts are Mazi Elue Adigwe, Collins Afuwah, Hycinth Okolie, and Ugo Emordi, whose credibility is under serious question given their own alleged criminal backgrounds.
“These individuals were involved in an attack on the Obi himself in October 2023, when they reportedly stormed his palace with firearms, a violent act which has led to terrorism charges filed against them at the Federal High Court in Asaba. This assault is not an isolated incident; in 2022, during a royal visit to Otulu Ogwashi-Uku, the Obi and his entourage were ambushed by a faction led by Francis Odiwanor, who is linked to these dissidents. The attackers, reportedly trying to distance Otulu from Ogwashi-Uku and obscure extensive land transactions, set vehicles in the Obi’s entourage ablaze and violently molested numerous individuals accompanying him.
“The Palace Secretary, Prince Ifeakanachukwu Emordi, condemned the recent allegations as “false, malicious, and part of a longstanding agenda.” Prince Emordi highlighted how these individuals have, for years, peddled baseless stories about the Obi, including false claims of a “killer squad” and fabricated accusations of kidnapping. “This is yet another attempt to distract from the Obi’s mission to root out lawlessness and secure communal resources,” Emordi stated.
“The Obi’s role as custodian of Ogwashi-Uku’s land has led to groundbreaking initiatives, including the unprecedented distribution of nearly 2,000 free plots to Ogwashians—a transformative step to ensure the land benefits the community directly. However, his pursuit of a fair, equitable society has provoked resistance from entrenched groups who have long profited from illegal land sales, pocketing proceeds meant for the community.
“HRM Obi Ifechukwude Okonjo II has also dedicated significant resources to local infrastructure and security. New transformers are being installed to improve power access, water restoration projects are underway, and security measures have been bolstered to safeguard residents. According to the Palace Secretary, five transformers have been supplied by the Obi in Council to various communities in Ogwashi-Uku Kingdom.
“Diokpa John Emordi, a community elder, voiced his support, stating, “The Obi’s authority over Ogwashi-Uku’s land is undisputed and longstanding. These accusations are a thinly veiled attempt to undermine him and disrupt his reforms. The Obi remains committed to protecting our kingdom from landgrabbers and criminal elements.”
“As the Obi of Ogwashi-Uku persists in his vision of justice and prosperity, he stands resilient against these retaliatory threats. Despite adversities, the community supports the Obi’s mission and his unwavering resolve to transform Ogwashi-Uku Kingdom into a place of security, equity, and progress.”
From the time that Bello Matawalle was nominated as Minister of the Federal Republic of Nigeria in 2023, Dauda Lawal the Governor of Zamfara State has been ill at ease.
The circumstances of his victory at the gubernatorial election as well as subsequent victory at the Election petition Tribunal did not give room for sound sleep. He knew that when pushing comes to shoving, the former Governor held the aces in the State politically.
Dauda Lawal having realised that it would be difficult to keep Matawalle’s new influence under check as Minister of State for Defence hatched another plan after his first moves to indict him through the cargo Airport controversy.This was to hoodwink a former aides to Matawalle who could provide information on his activities while in government.
This was what led to the unveiling of Bashir Hadejia, who we will dwell on later in the write-up
The original plan was to paint Bello Matawalle black over his achievements as Governor of Zamfara between 2019 and 2023. This however failed flat as the people of the state knew the legacies he left. And so they were not buying into that. After failing to achieve this, Dauda Lawal Dare thought out other plans.
Our sources believe that the Zamfara Governor connected with the former Jigawa Governor who is presently the Minister of Defence and both of them agreed that it was in their interests to cut Matawalle to size because of his looming influence and good relationship with President Bola Tinubu.
They found a willing tool in Jackson Ude, a former presidential aide to Jonathan. Jackson Ude is a Nigerian journalist who has made a name for himself as a blackmailer. Not less than twenty different top Nigerians, including the DG of World Trade Organization, Ngozi Okonjo Iweala have either taken him to court and won or sued him.
Jackson Ude has since become a major ally of Zamfara Governor, Dauda Lawal. Together, they allegedly decided that the best way to tackle Matawalle growing influence in the Tinubu government was to continue to label him as backing the bandits and terrorists terrorizing the State he once governed.
Bello Matawalle’s rise in status and having become the poster boy of the Tinubu administration’s success in the Defence sector did not make his co-minister, Mohammed Badaru Abubakar comfortable. What you don’t have, you cannot give.
Many sources in the media confirmed that the two Ministers seemed to be opposites hence it was only a matter of time that their differences became obvious. According to our sources, while Matawalle would come to state what the Ministry was doing and encourage the troops and it’s leadership to do more, Badaru has never been a man who wanted visibility. He has always been too taciturn and withdrawn, as if sulking. So when the story came out that he was not too happy with the Minister of State for taking the shine off him, and aligning with Dauda Lawal to undermine Matawalle, not many people doubted it.
Sources claimed Badaru has grouses, with Tinubu appointing him as Defence Minister and not putting the Chiefs of Staff under him. It was also alleged that he was angry with the president because he wanted the FCT Ministry portfolio, which was given to Nyesom WIKE, a non- partyman. Abubakar Badaru, according to our sources felt he should have been given the portfolio of the FCT Ministry because he dropped his presidential ambition to support Tinubu when the President indicated interest in contesting.
Our source further revealed that Badaru, and Governor Lawal have teamed up to work and ensure that Matawalle is frustrated out of the Tinubu government so as to further dent whatever achievements the Tinubu government can claim to have while also denting Matawalle’s achievements.
Governor Lawal’s romance with terrorists is well known in the State despite all the air of arrogance he surrounds himself with as several pictures of his meetings and discussion abound everywhere on the social media.Impeccable sources gathered that Bello Turji works for the Zamfara Governor and the friends and allies of the bandits leader know this.
Sources confided in us that this is why it has been impossible for Bello Turji to be captured or killed as the State government virtually protects him, leaks information about troops movement if they have them and also support them with logistics. This explains why he makes so much noise and boasts of his invincibility.
Bello Turji’s MEN and other bandit leaders are also said to enjoy the same status as he enjoys..
Our sources also confirmed that Turji and a few other top bandits work for Dauda Lawal by ensuring his firm grip on the mining business in Zamfara.
Through them, the governor is alleged to have controlled a large chunk of the mining fields and also collected royalties on the governor’s behalf.
It is even alleged in some circles that some of the late bandits leaders eliminated by the military in its recent onslaught were bagkeepers for the governor who kept his money especially from the mines hence the reason why he was not too happy with their death and their elimination was not celebrated by the state.
Our sources also linked a powerful former NSA from the state with the gold mining business in the state. According to the sources, because of their vested interest, the powerful NSA who retired from the military as a general would do anything to ensure that his mining interests are protected in Zamfara hence the move to support the Governor and ensure that the top bandits who protect their vested interests are not touched. These gang-up believe that any attempt by Matawalle to upset the applecart in the mining sectors of the state will affect their vested interests since it is the bandits who are protecting their interests there and they need the continued presence of the bandits to ward off government prying eyes.
The implications of all these are germane here.
Key stakeholders in Zamfara state who ordinarily should be working for the success of the military are working at cross-purposes with the security apparatus of the state. They are not ready to allow the
security agencies operate. Rather, they work against them. They not only do this, they give out information against the security agencies to bandits and terrorists who through this organise ambushes for the security agencies all ina bid to paint the Minister of State Defence in bad light as well as maintain their strangle hold on the mining sector in the state.
Frightening Dimensions
The recruitment of Bashir Hadejia as well as the Minister of Defence, Abubakar Badaru, into this dastardly group constitutes a frightening dimensions to a problem that was hitherto localized. Our sources revealed that Bashir Hadejia was born in Niger Republic and maintains a home there just like the Defence Minister Abubakar Badaru. Having worked with Bello Matawalle, he understands the workings of the former Governor’s network as well as what he did to curb the excesses of the bandits while in power.
That Bashir Hadejia, working with Governor Dauda Lawal were able to cladenstinely sponsor anti- Nigerian protests during the August 1-10 protests in Nigeria signify the extent of their hatred for the country and its constitued authority. Though they set out to embarrass the Minister of State for Defence, and by implications the Tinubu government, the move showed the extent the Dauda Lawal gang-up could go in portraying Matawalle in bad light and their cause. Having recruited a notorious journalist who does not operate in the country, yet spews outright lies and also thrive on blackmail, no wonder they have dominated the cyber space with unverifiable stories upon stories against the Minister of State, Bello Matawalle.
