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Just In: Appeal Court Reserves Judgement On Osun Governorship Appeal

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The Appeal Court on Monday, reserved judgement to decide on the case by Senator Ademola Adeleke challenging the decision of an election petition tribunal which nullified his victory in the Osun governorship election.

A three-member panel led by Justice Mohammed Shuaibu fixed the date to decide on the matter after taking the argument and adopting the briefs of all parties in the suit.

During proceedings today, Counsel to Adeleke, Onyechi Ikpeazu, held that a member of the panel, who is also a chief magistrate, did not air her opinion during the Judgement delivery. Rather, she only appended her signature and the constitution mandates her to have aired her views about the suit.

Counsel to Mr Oyetola, Lateef Fagbemi however held that mere signing of the judgment, and not making any comment afterwards does not make the judgment invalid.

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 defense however, Onyechi Ikpeazu held 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 the Counsel to Oyetola

An Over Voting debate

Senator Adeleke who is candidate of the People’s Democratic Party had won the said election held on 16 July, 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 a former governor of the state Gboyega Oyetola. While delivering the judgement, 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 swiftly 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 overvoting.”

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Ex-Senator Iyabo Obasanjo Joins All Progressives Congress

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Prof. Iyabo Obasanjo, daughter of former President Olusegun Obasanjo, has reportedly registered as a member of the All Progressives Congress in Ogun State, according to a former chairman of Abeokuta South Local Government.

It was gathered that the former senator of Ogun Central completed her e-registration on Tuesday at Ibogun, Ward 11, Ifo Local Government Area of the state.

Confirming the development on Wednesday, Biodun Ajayi, former Chairman of Abeokuta South Local Government and a close ally of Prof. Obasanjo, told Vanguard that the registration was successfully concluded.

Ajayi, who currently serves as a Commissioner with the State Universal Basic Education Board, SUBEB, said: “I can confirm to you that Prof. Iyabo Obasanjo completed her online registration as a member of our great party, the APC, on Tuesday at Ibogun Ward 11 in Ifo Local Government.”

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BREAKING: Supreme Court Upholds Acquittal Of Hamza Al-Mustapha In Kudirat Abiola Murder Case

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A five-man panel of the Supreme Court, headed by Justice Uwani Aba-Aji has dismissed the trial of Major Hamza Al-Mustapha (rtd) concerning the murder of Alhaja Kudirat Abiola.

 

Kudirat Abiola was the wife of the late businessman cum politician, Chief MKO Abiola, the presumed winner of the June 12, 1993 Presidential Election that was annulled by former President Ibrahim Babangida.

 

Mrs Kudirat Abiola was, however, murdered in Lagos in the nationwide crisis that followed the annulment and in the course of her persistent struggle to get the annulment reversed by the military.

 

The trial of Al-Mustapha on the murder charges brought against him by the Lagos State government was, however, put to rest on Thursday by a 5-man panel of Justices of the Supreme Court headed by Justice Uwani Aba-Aji.

 

At the proceedings where the Lagos State was slated to re-open the trial, no legal representation was made while no process was filed since 2014 when order to re-open the case was granted in favour of the state government.

 

When the matter was called, Paul Daudu, a Senior Advocate of Nigeria stood for Al-Mustapha and informed the Justices that Lagos has not taken any step to implement the order granted it in 2014 to re-open the trial.

 

He said that not even a notice of appeal was filed by Lagos as the appellant to demonstrate its seriousness to prosecute the trial.

 

The senior lawyer informed the Apex Court that in 2014 when order to re-open the trial was granted, Lagos was issued a 30 day ultimatum to file its notice of appeal.

 

Daudu explained that more than nine years after, nothing was done to comply with the order.

 

He therefore urged the Court to hold that the appellant has abandoned the case and should be dismissed in its entirety.

 

Justice Uwani Aba-Aji, who presided over the matter sought to know if Lagos was served with hearing notice, the question that was answered in the affirmative by the Registrar of the Court.

 

In a brief ruling, the Supreme Court in a unanimous decision agreed that Lagos has lost interest in the matter and consequently abandoned it.

 

Justice Aba-Aji held that nine years was long enough for the appellant to have filed notice of appeal and the appeal in the matter.

 

Besides, the Court expressed disgust that no legal representation was made by the state government while no information was made available to the Court and the respondent.

 

Consequently, the matter marked SC/CR/45/2014 was dismissed.

 

Another matter by the Lagos governor marked SC/CR/6/2014 was also dismissed on the same ground.

 

The Supreme Court had in 2014 in a brief ruling on the application by Lagos State for permission to re-open the case out of time, granted the request for the Lagos to challenge the Court of Appeal decision of July 12, 2013 that discharged and acquitted Al-Mustapha from the murder case.

 

The then Acting Chief Justice of Nigeria (CJN) Justice Walter Samuel Nkanu Onnoghen in the ruling of a panel of seven Justices ordered Lagos State to file its notice of appeal within 30 days.

 

The decision of Justice Onnoghen on the Lagos application argued by Osunsanya Oluwayemisi, a Senior State Counsel in the Lagos Ministry of Justice followed the consent of Al-Mustapha’s lawyer, Mr. Joseph Dauda SAN, not to oppose the application.

 

The acting CJN had said that by the decision of the apex court, the time for Lagos to appeal against the findings of the Court of Appeal on the celebrated murder case has been extended from July 12, 2013 when the Court of Appeal judgment was delivered till January 7, 2014.

 

By the granted permission in 2014, the coast became cleared for the Lagos to challenge the no guilty verdict granted in favour of the military officer by the Court of Appeal in 2013

 

In the then move to re-open the case, the Lagos State government had sought to file a notice of appeal out of the time at the Supreme Court asking for the permission of the court to allow it to challenge the Appeal Court findings of Justices Amina Adamu Augie, Rita Nosakhare Pemu and Fatimo Omoro Akinbami on ground of mis-carriage of Justice in the matter.

 

The state had in the application prayed the apex court to allow it to exercise its constitutional right to test the validity and correctness of the decision of the Appeal Court.

 

It claimed that it wants to raise its ground of appeal on arguable legal and factual issues especially the question of whether there is any direct or circumstantial evidence establishing the guilt passed on Al-Mustapha in the murder case.

 

It justified its lateness in filing the appeal on the ground that it set up two legal teams to review the circumstances of the case and the verdict of the Court of Appeal.

 

The government said that it took a long time for the two legal teams to present their findings and recommended that an appeal case can be filed and sustained.

 

The Lagos State Government said that it will ask the Supreme Court to set aside the judgment of the Court of Appeal which on July 12, 2013 discharged and acquitted Major Hamza Al-Mustapha, in the murder case of late Alhaja Kudirat Abiola.

 

In place of the Appeal Court decision, the state government said that it will plead with the apex court to uphold and restore the death sentence by hanging placed on the former Chief Security Officer (CSO) to the former dictator and late Head of State, General Sani Abacha by a Lagos High Court on January 30, 2012.

 

Al-Mustapha, Mohammed Abacha and one Lateef Shofolahan were arraigned before a Lagos high court on two-count criminal charge of conspiracy to commit murder and the murder of the late Alhaja Kudirat Abiola on June 4, 1996 in Lagos State.

 

In the judgment of the high court delivered on January 30, 2012 by Justice Moji Dada, the accused persons were found culpable as charged and sentenced them to death by hanging.

 

However at the Court of Appeal approached by Al-Mustapha on April 27, 2012 for the review of the trial and the conviction, the 3-member appellate court Justices in a unanimous judgment of July 12, 2013 voided the decision of the high court, set it aside and discharged and acquitted the accused on the ground that the evidence against them was not strong enough to warrant the death sentence.

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Rivers Assembly: Minority Leader, Three Others Rejoin Impeachment Push Against Fubara

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Four members of the Rivers State House of Assembly have reversed their earlier position and renewed their backing for the impeachment proceedings against Governor Siminalayi Fubara and his deputy, Ngozi Odu.

 

The lawmakers announced their decision at a press conference held on Friday in Port Harcourt, the state capital, where they declared continued support for the impeachment process initiated by the assembly.

 

They accused the governor of failing to show remorse over the allegations levelled against him, insisting that their renewed stance was based on concerns over his conduct and response to the issues raised.

 

The legislators said their decision to recommit to the process followed further consultations and a review of developments surrounding the impeachment move.

 

Details of the impeachment process and the specific allegations against the governor were not disclosed at the briefing, as the lawmakers said further information would be made public in due course.

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