Politics

Osun: Tribunal Compels INEC To Produce Adeleke’s Certificates, Nomination Form

Published

11 months ago

November 16, 2022

….. As Panel Refuses to Dismiss Petition

There were hot arguments before the Osun State Election Petition Tribunal on Wednesday, as the panel compelled the State Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) to produce the nomination form and academic certificates of Senator Ademola Adeleke used for his nomination in the 2018 governorship election.

The order of the tribunal, Chaired by Justice Tertsea Kume was contained in a Subpoena issued on REC by the panel following the request of counsel for Governor Adegboyega Oyetola and the All Progressives Congress (APC).

This is just as counsel for INEC, Adeleke and the PDP failed in their attempt to have the petition dismissed abruptly at the hearing.

At the sitting of the tribunal on Wednesday, Counsel for Oyetola and the APC, Dr. Abiodun Saka Layoonu (SAN), informed the court that the petitioners have filed a Subpoena dated 3rd of November 2022, compelling REC to appear before the court to present Adeleke’s Form CF 001, which is the nomination form and all its attachments, including the certificates used in the 2018 election.

He indicated that since the bailiff was yet to serve REC with the Subpoena, even after being signed, he would be compelled to ask for adjournment till Monday, 21 November.

Counsel for INEC, Paul Ananaba, SAN, objected to the application for adjournment, saying it was a clear evidence that the petitioners were not prepared for diligent prosecution of the petition, citing paragraph 18(11) of the Electoral Act.

While also arguing that REC being subpoenaed to bring the said documents was never mentioned in the petition, Ananaba added that by planning to call REC as a witness without informing the tribunal earlier, the petitioners had violated paragraph 3 of the tribunal’s pre-hearing report.

He noted that the said paragraph 3 indicated that the tribunal must be furnished with list of witnesses to be called 24 hour to the hearing day.

It was at this stage that the tribunal Chairman interrupted the INEC lawyer and said: “Why can’t you keep your gun powder dry. Stop jumping the gun. After all, you have not been served. It is only when you are served that you can raise issues”.

But regardless of the tribunal Chairman’s comment, Ananaba insisted on his application that the petition should be dismissed immediately.

Counsel for Adeleke, Mr. Niyi Owolade, and that of the PDP, Nathaniel Oke (SAN), aligned with Ananaba’s arguments and prayed that the tribunal should dismiss the petition.

Responding, Oyetola’s counsel, Layoonu, SAN, described the respondents’ arguments as baseless, saying the question of not being diligent in the prosecution of the petition was just a blanket statement by the respondents.

He argued: “The question of diligence is a question of fact. My learned friends have just made blanket statement, but they have never come with any fact to that effect. Your Lordships know that there was no hearing day that we had not been here to prosecute our case.

“Besides that, my Lord, it is our prerogative to conduct our case the way we want as permitted by the law and we have been so diligent with it because we know what we are doing. What then is their problem?

Layoonu also referred to paragraph 69(vi) of the petition where it was expressly stated that the documents in question would be relied on.

In his further arguments, Layoonu said since the tribunal has not issued the subpoena, it could not have been served on the respondents, asking the INEC counsel to take a hint from the tribunal and stop being apprehensive unnecessarily.

He then urged the tribunal to discountenance all the arguments of the respondents’ counsel.

In his ruling, read by the Chairman, the tribunal agreed with the petitioners’ counsel and ignored the applications to dismiss the petition.

It said that the subpoena was issued by the tribunal around evening on Tuesday and would subsequently be served on REC.

He then adjourned the matter till Monday, November 21, for continuation of hearing.

Speaking with journalists after the hearing one of the petitioners’ Counsel, Chief Yomi Aliyu (SAN) said: “The Subpoena was to bring Adeleke’s Curriculum Vitae to court, including all the documents he filed in form CFO01. It concerns Adeleke on the certificates he claimed he had, and that is why you heard the protestation of his lawyers. But it must be brought to court one way or the other.

“The court must see his certificates that he got from wherever he said he got them. That is why you see that it was hot for two hours as they were asking for the dismissal of the petition.”

Politics

Kaduna Governorship Election Declared Inconclusive

Published

6 days ago

September 28, 2023

Yinka Rahman

Tribunal Declares Kaduna Governorship Election Inconclusive

The Kaduna Governorship Election Petition Tribunal has declared the governorship election in the state held on March, 18 as inconclusive.

In a split decision of a ratio of 2:1, the tribunal declared the election inconclusive and directed that a supplementary election should be held by the Independent National Electoral Commission (INEC) within 90 days. INEC is to conduct election in 7 wards in 4 Local Government Areas.

LAGOS READY TO DRIVE YOUR PASSION, SANWO-OLU TELLS YOUNG CEOS IN TECH SPACE

The Peoples Democratic Party (PDP) is challenging the election of Uba Sani as the Governor of Kaduna State on the grounds of alleged irregularities and electoral fraud, saying that its Candidate (Isa Mohammed Ashiru) won the election.

During the hearing of the petition, the PDP and Ashiru called 24 witnesses and presented claims and documents to prove their case.

More details later

Kindly Subscribe To Our Youtube Channel

Politics

Lagos Governorship Elections: Rhodes-Vivour Takes Next Step After Tribunal Verdict

Published

7 days ago

September 27, 2023

Yinka Rahman

Lagos Governorship Elections: Rhodes-Vivour Takes Next Step After Tribunal Verdict

The governorship candidate of the Labour Party (LP) in Lagos, Gbadebo Rhodes-Vivour has announced his intention to appeal the verdict of the Lagos Governorship Elections Petitions Tribunal.

Rhodes-Vivour stated this in a press release on Tuesday while sharing his stance on the judgement.

He insisted that the essence of democracy not only lies in one’s ability to vote but also the capacity to defend the votes.

The essence of democracy lies not only in our ability to vote but also in our capacity to defend the integrity of that vote.

“Consequently, our laws allow Governorship candidates to challenge the decisions of the electoral tribunals at the Court of Appeal, and up to the Supreme Court. In light of this, my lawyers have been instructed to appeal this judgment, as we remain confident of getting substantial justice at the appellate courts,” he said.

While urging his supporters and Lagosians in general to remain calm, peaceful, and law-abiding, Rhodes-Vivour expressed the hope of getting substantial justice at the appellate courts.

“In these trying times, your unwavering support means the world to us, we must remain united, vigilant, and hopeful.

The ultimate victory may take time to come our way, but it is, we strongly believe inevitable as we have come to understand that the wheels or justice may sometimes grind slowly but it definitely grinds to a sure end,” the LP candidate added.

Kindly Subscribe To Our Youtube Channel

Politics

I’ll continue to fight – Atiku breaks silence on tribunal judgement

Published

4 weeks ago

September 5, 2023

Yinka Rahman

The presidential candidate of the Peoples Democratic Party (PDP) in the last election, Atiku Abubakar, has vehemently rejected the verdict of the Presidential Election Petition Tribunal (PEPT).

We recall that PEPT on Wednesday struck out the petition filed by Atiku and his Labour Party (LP) counterpart, Peter Obi, challenging the victory of President Bola Tinubu of the All Progressives Congress (APC) in the February 25 election.

The tribunal held that the petitions by the candidates and their parties lacked merit, upholding the election of Tinubu.

The judgement was delivered by the chairman of the tribunal, Justice Haruna Tsammani, assisted by other members of the panel, namely justices Monsurat Bolaji-Yusuf, Stephen Adah, Moses Ugo, and Abba Mohammed.

Reacting, Atiku, in a press conference in Abuja on Thursday, rejected the verdict, saying the battle to upturn Tinubu’s victory continues.

The former Vice President, who called himself a fighter, said he had instructed his legal team to file an appeal at the Supreme Court.

He said:

“I am here today to give my official reaction to the judgement delivered yesterday by the Presidential Election Petition Court on the 2023 presidential elections.

“As you already know, I approached the court following the declaration by the INEC that the APC and its candidate are the winners of the February 25 elections. My decision to go to court was anchored in my belief that the court is the sanctuary of justice.

“Indeed, I am no stranger to legal battles. I can say that I have a fair idea of how the court system works. All through my career as a politician, I have been a fighter, and I will continue to fight.

“Our aim of conducting credible elections in the country was compromised by INEC through the way it managed the presidential election.

“I am afraid that the judgement of the PEPT yesterday failed to restore confidence in our dream of free and fair elections devoid of human manipulation.

“I am here to tell you that though the judgement of the court yesterday is respected, it is a judgement that I refused to accept.

“I refuse to accept it because I believe it is devoid of substantial justice. I have asked my lawyers to constitutionally activate the guaranteed right to appeal in the higher court.”