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BREAKING: Supreme Court Upholds Adeleke’s Victory

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The Supreme Court has upheld the election of Governor Ademola Adeleke of Osun State, sealing his victory over then incumbent governor, Adegboyega Oyetola, in the keenly contested 16 July 2022 election in the state.

The judgement of a five-member panel, on Tuesday, upheld the decision of the Court of Appeal in Abuja which had earlier on 24 March affirmed Mr Adeleke’s victory.

It lays to rest the dispute over the outcome of the governorship election, and extinguishes Mr Oyetola’s hopes of coming back to office after his momentary victory at the Osun State Governorship Election Petition Tribunal gav in January.

The Independent National Electoral Commission (INEC) had declared Mr Adeleke of the Peoples Democratic Party (PDP) as the winner of the election in an upset that deprived Mr Oyetola of the All Progressives Congress (APC) a second term in office.

Displeased with INEC’s result, Mr Oyetola had approached the election petition tribunal in Osogbo, the state capital, to challenge the outcome of the poll.

The tribunal in its decision in January ruled in favour of Mr Oyetola by declaring him the winner of the election, and sacking Mr Adeleke who was just months in office.

Mr Adeleke, who remained in office to exhaust his right of appeal, had appealed against the decision of the tribunal.

His appeal was successful.

Upholding Mr Adeleke’s victory, the Court of Appeal in Abuja held that the tribunal was wrong in its conclusion that that the election in some parts of the state was marred by over-voting, the pivotal legal issue on which Mr Oyetola built his case.

The court held that “the burden of proving the allegations of over-voting lies squarely with the respondents (Mr Oyetola and the APC).”

“It is inconceivable to assume that the testimonies of the respondents’ witnesses had any probative value,” the appellate court held.

The Court of Appeal noted that Mr Oyetola and the APC “did not tender the voter registers and Bimodal Voters Accreditation System (BVAS machines,” which captured data of eligible voters at the Osun governorship election.

“Though the 1st and 2nd respondents (Oyetola and APC) relied on BVAS reports obtained from INEC to prove over-voting, they did not, nonetheless, call petitioner’s witness 1 to speak to the reports, that is, Exhibits BVR reports from INEC’s back-end server.

“In their pleadings,” Mr Oyetola and APC “alleged that the results recorded and transmitted directly from the polling units were not taken into account and therefore accredited voters recorded in Form EC8A from the disputed polling units do not tally with the number of BVAS for the same polling units.

“Strangely, the tribunal, in its judgment, only relied on the table set out in an address of counsel to hold that over voting occured in an election,” the Court of Appeal said.

Background

The Independent National Electoral Commission (INEC) had declared Mr Adeleke of the Peoples Democratic Party (PDP) as the winner of the governorship election held in Osun State on 16 July 2022.

The INEC Chief Returning Officer for Osun, Oluwatoyin Ogundipe, who announced the result on the day after the election, said the PDP candidate scored 403,371 votes to emerge victorious.

Mr Adeleke defeated Mr Oyetola, who polled 375,027 votes to come second in the race.

But a three-member panel of the Osun State Governorship Election Petition Tribunal headed by Terste Kume set aside Mr Adeleke’s victory in its verdict delivered on 27 January.

In a two-to-one split judgement, the majority decision of the tribunal declared Mr Oyetola the winner of the election.

It also ordered INEC to issue the certificate of return to Mr Oyetola.

Mr Kume, in the lead majority judgement, held that INEC failed to conduct the Osun governorship election in compliance with the Electoral Act, 2022 (as amended).

The tribunal noted that the poll was marred by over-voting. It said after deducting the excessive votes that were cast, the figure Mr Adeleke scored came down to 290,666, which was lower than the 314,921 garnered by Mr Oyetola.

Consequently, the tribunal ordered that Mr Oyetola be returned as governor of Osun State.

However, in the minority decision, the second member of the tribunal, P. A Ogbuli, said the petitioners – Mr Oyetola and the APC – failed to prove that there were cases of over-voting in the governorship election.

Mr Ogbuli noted that the petitioners’ witnesses in their testimony before the panel did not convince him that there was over-voting.

He said the petitioners should have brought the total registered voters to court to claim that over-voting occurred.

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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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