ahmedkoded95:
Against the backdrop of Friday’s court judgement in Abuja by the election petition tribunal, which declared the Peoples Democratic Party (PDP) candidate, Senator Ademola Adeleke as the winner of September 22 governorship poll in Osun, the legal team of Adeleke has begun moves to get the certificate of return issued to its client.

Delivering its judgment, the tribunal had nullified the election that produced the All Progressives Congress (APC) candidate, Mr Gboyega Oyetola as the governor of Osun State and subsequently ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Adeleke.

Findings by Tribune Online indicated that necessary arrangements were being made by Adeleke’s legal team to ensure that INEC complies with the court order with the service of the court order on the electoral umpire.

Speaking to our correspondent during a telephone chat, one of the lead counsels to Adeleke, Barrister Edmond Biriomoni said “right about now, INEC should have been served because the bailiff of the court or the tribunal had actually went to effect service of the tribunal’s judgment on INEC. We have already gotten the copy of the order and the bailiff had gone to serve them (INEC) officially.”

When asked about the plan by the APC and Oyetola to file an appeal against the judgment, he contended that “they are yet to file an appeal. They are yet to lodge a formal appeal. The appeal they are referring to is on the pages of newspapers or on their press release.
They have not filed a formal appeal at the tribunal. This is because I am just leaving the tribunal right now.”

Biriomoni continued “the order of the tribunal still subsist even when they go to the Court of Appeal except they set it aside. Until the Court of Appeal overrules the tribunal, the judgment subsist. Whether they file a notice or not, that does not take away the validity of the judgment until it is overruled by the appellant court, either the Court of Appeal or the Supreme Court.”

It would be recalled that the Osun election petition tribunal, sitting in Abuja had on Friday nullified the election of Oyetola as the governor of Osun State, cancelling results from 17 polling units over the alteration of results by INEC while it also deducted 2,029 votes of the APC and 1,246 votes of the PDP.

https://www.tribuneonlineng.com/197875/?amp_markup=1&__twitter_impression=true

. I hate lawyers creating a scene....The APC has a seven day ultimatum to appeal the decision...They will still maintain the status cope until the final judgement in the supreme court . Any lawyer that claims he wants yo get a certificate of return based on Friday Judgement is just making himself a laughing stock.....The appeal court will rule on it before May 23 while supreme court will rule before July 23...Till then certificate of return between Oyetola and Adeleke is just a toothless dog..It is time however for both parties to prepare their appeals and counter appeals because anything can happen to either side on this election crisis...

kingkhan:
so why wike and peterside go to supreme court?

ok. I'd throw the question back at the lawyer who said otherwise.

muykem:
They should wait for appeal court and Supreme court now. Why in hurry?

I just pity this party called PDP o, dem don suffer no be small.
Judgement was given just at the tribunal u don dey cry for certificate of return, no be only return alone na reverse. What happens to Appeal and Supreme is the authentic verdict

Jokers abundant of the decade called legal team... As if there can always be two(2) certificates of return!

INEC will file a stay of judgment request at the appeal court. The tribunal cannot unsurp the duties of the electoral commission by deducting candidates votes. They're least informed on why a supplementary election was conducted in the first place to have gone ahead and start deducting votes.

Setting aside result of elections in 17 polling unit is disenfranchising the voters in those units. Best the tribunal could have done is directing INEC to reconduct new elections in those areas affected.

Wonder why the 2 judges could overlook this and deliver such scaring judgment capable of causing unrest.

Humility017:


how come oshomhole's own and that of mimiko ends at the appeal court during Jonathan's time or has the electoral law changed?

it ends in the appeal court man.... browse past precedents

Governorship n presidential petitions end at supreme court. Senate,house of reps, state house of Assembly ends at court of appeal. Google it

Wike lost at the tribunal, lost at the appeal court and won at the Supreme Court. Mama Taraba won at the tribunal, lost at the appeal and Supreme Court.
Therefore, when the appeal or Supreme court says otherwise on Osun election, don't come here to start quoting scriptures.

bigtt76:
INEC will file a stay of judgment request at the appeal court. The tribunal cannot unsurp the duties of the electoral commission by deducting candidates votes. They're least informed on why a supplementary election was conducted in the first place to have gone ahead and start deducting votes.

Setting aside result of elections in 17 polling unit is disenfranchising the voters in those units. Best the tribunal could have done is directing INEC to reconduct new elections in those areas affected.

Wonder why the 2 judges could overlook this and deliver such scaring judgment capable of causing unrest.

What about the way INEC cancelled 70,000 votes during atiku /buhari showdown of 23rd Feb, weren't the voters disfranchised too? Judgement causing unrest? Didn't the rigging cause anger? Are u aware of the composition of the tribunal? 3 judges adjudicated. Two gave same judgment. One dissented. They should order another supplementary election so thugs will take over again?

Humility017:


how come oshomhole's own and that of mimiko ends at the appeal court during Jonathan's time or has the electoral law changed?

it ends in the appeal court man.... browse past precedents

it used to end in appeal court but it has since been amended to end it at supreme court

bigtt76:
INEC will file a stay of judgment request at the appeal court. The tribunal cannot unsurp the duties of the electoral commission by deducting candidates votes. They're least informed on why a supplementary election was conducted in the first place to have gone ahead and start deducting votes.

Setting aside result of elections in 17 polling unit is disenfranchising the voters in those units. Best the tribunal could have done is directing INEC to reconduct new elections in those areas affected.

Wonder why the 2 judges could overlook this and deliver such scaring judgment capable of causing unrest.

Cry me a riverrrrrrrrrrrrrrrr

Olugbayi:

Adara fun e ooo!
God bless you
Your write up sweet my bodi..!
Osun will not be govern by illiterate, No Pass but 1 F9
Dancing idiot !

If the certificateless bubu can govern Nigeria then Adeleke is more than qualified to govern osun.afterall whats special about that brown roof republic.....

Pearlyakin:
So Adeleke should be in government house on Monday if am right..

Indomine generation

fairfora:
appeal court's the last stage as far as governorship election matters are concerned. Only cases thst concern fed govt ends at the supreme court.

No dey display ignorance anyhow

ELECTION TRIBUNALS

Election Tribunals in Nigeria are the direct creation of Section 285 of the nation’s Constitution which provides for the establishment of the National Assembly, Governorship and Legislative Houses Election Tribunal. The Constitution also gives original jurisdiction to the Court of Appeal over certain categories of election petitions. The Electoral Act made pursuant to the Constitution furnishes details pertaining to the establishment, membership, jurisdiction and proceedings of each Election Tribunal.


Election Tribunals have original jurisdiction to hear and determine petitions as to whether a person has been validly elected into non-appointive offices under the government of Nigeria at the Federal and State levels. The offices which elections are subject to the tribunals include Senators, Members of House of Representatives, Governor and Deputy Governor of each of the 36 States of the Federation, and Members of the 36 State Houses of Assembly.



Each Election Tribunal is established for the purposes of hearing and determining petitions as to whether any person through an undue election or return has been elected to an office/position and other related issue



The 1999 Constitution recognises three Election Tribunals:

1. National and State House of Assembly Election Tribunals for disputes arising from elections into legislative offices at the federal and state levels. Appeals from its decision lie to and terminate at the Court of Appeal;

2. Governorship Election Tribunals for disputes arising from elections into the Office of the Governor or Deputy Governor of any of the 36 States. Appeals from its decision lie to the Court of Appeal but may still extend to the Supreme Court as final judicial authority;

3. Court of Appeal conferred with original jurisdiction to hear petitions arising from election the Office of the President and Vice President of the Republic. Appeals from here lie to and terminate at the apex court: the Supreme Court.



The Electoral Act, 2010 also creates an Area Council Election Tribunal for the Federal Capital Territory. The decision of the Area Council Election Tribunals on Area Council Elections is final. The Electoral Act does not create the Election Tribunals to entertain disputes arising from Local Government Council Elections in any of the 36 states in recognition of Nigeria’s federal structure. However, there are Local Government Election Tribunals established by the Law of States for this purpose.



Procedurally, the Election Tribunals are neither criminal nor civil Courts. Though essentially civil in nature, they are usually described as “sui generis” which means “in a class of its own.

bigtt76:
INEC will file a stay of judgment request at the appeal court. The tribunal cannot unsurp the duties of the electoral commission by deducting candidates votes. They're least informed on why a supplementary election was conducted in the first place to have gone ahead and start deducting votes.

Setting aside result of elections in 17 polling unit is disenfranchising the voters in those units. Best the tribunal could have done is directing INEC to reconduct new elections in those areas affected.

Wonder why the 2 judges could overlook this and deliver such scaring judgment capable of causing unrest.

Unless you are a politician and an APC member or just a very naive on politics. The judgement was good and very sound . Aregbesola , Mimiko and Oshiomole became governor by tribunal ruling on their behalf . The tribunal deducted votes . Aregbesola case was worst . The appeal court cancelled votes of almost 10 LG for Aregbesola to win . That's the case that should even be a rerun .
In Adeleke case, the rerun was not necessary because he won in the first ballot . The INEC returning officer deliberate cancelled results of 17 poling units inorder to have a rerun . This is where the judges were courageous with truth . That the returning officer have no such powers . So he acted outside his limit .
The tribunal was right to have seen that it was a deliberate cancellation. They didn't deduct any vote . All they dis was to cancel the rerun elections. So with rerun cancelled Adeleke won even with his votes in 17 poling units cancelled. That their judgement andthiabia quite clear . Sirajo differ that the petition lack merit ..He choose to close his eyes to the obvious robbery of cancellation of 17 poling units results which necessitates the rerun in the first place. Sirajo also argues that even if the petition have merit they should go for rerun . What a travesty of judgement. In such case of rerun, hope the Governor would step aside or would the governor preside over such rerun? His judgement lacks wisdom or logic .
Why did they go to tribunal if the tribunal can not determine that Adeleke was cheated. When Aregbesola won his case , We the neutrals were happy but we later found the judge erred by cancellation of 10 LG . That was substantially and deserve rerun ...but in Adeleke case it is clear that he won on first ballot . Aregbesola case , he didn't even win in first ballot due to massive irregularities and these are cases you can begin to say a rerun is necessary.
We should be supporters of justice because we don't know if it would be our turn tmr . APC is in power today ...who says they would be there forever . If we learn to do justice then we would make progress and we can be sure we would get justice when we are robbed . Even PMB by inference agree that Adeleke was robbed when he said Osun Governorahip elections was won by remote control . That says it all .
Tribunal majority judgement makes sense
I see Adeleke wining the case even In supreme Court

Humility017:


how come oshomhole's own and that of mimiko ends at the appeal court during Jonathan's time or has the electoral law changed?

it ends in the appeal court man.... browse past precedents

It depends on defendant,,if he refused to file an appeal in the Supreme Court, the Appeal court judgment will stand

DWJOBScom:


You make allegations you are not sure of and I wonder who is the indomie generation here.
I bet you didn’t read the judgement that produced Wike

Stop exposing your ignorance. Gubernatorial and Presidential elections end at Supreme Court. Only Legislative election ends at Appellative court

muykem:
They should wait for appeal court and Supreme court now. Why in hurry?

What's the meaning of why in a hurry? The tribunal told inec to issue him a certificate of return.

Melison:
Never celebrate too early
Ask athletico madrid

Na PSG own pain pass, Atletico saw it coming

Does this desperate PDP lawyer knows the meaning of appeal ?

The same judgement Dakuku Peterside got at the tribunal in 2015 but he wasn't issued any certificate because PDP appealed.
Now, PDP is telling us that even APC appealed the judge it is still valid

ahmedkoded95:
Against the backdrop of Friday’s court judgement in Abuja by the election petition tribunal, which declared the Peoples Democratic Party (PDP) candidate, Senator Ademola Adeleke as the winner of September 22 governorship poll in Osun, the legal team of Adeleke has begun moves to get the certificate of return issued to its client.

Delivering its judgment, the tribunal had nullified the election that produced the All Progressives Congress (APC) candidate, Mr Gboyega Oyetola as the governor of Osun State and subsequently ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Adeleke.

Findings by Tribune Online indicated that necessary arrangements were being made by Adeleke’s legal team to ensure that INEC complies with the court order with the service of the court order on the electoral umpire.

Speaking to our correspondent during a telephone chat, one of the lead counsels to Adeleke, Barrister Edmond Biriomoni said “right about now, INEC should have been served because the bailiff of the court or the tribunal had actually went to effect service of the tribunal’s judgment on INEC. We have already gotten the copy of the order and the bailiff had gone to serve them (INEC) officially.”

When asked about the plan by the APC and Oyetola to file an appeal against the judgment, he contended that “they are yet to file an appeal. They are yet to lodge a formal appeal. The appeal they are referring to is on the pages of newspapers or on their press release.
They have not filed a formal appeal at the tribunal. This is because I am just leaving the tribunal right now.”

Biriomoni continued “the order of the tribunal still subsist even when they go to the Court of Appeal except they set it aside. Until the Court of Appeal overrules the tribunal, the judgment subsist. Whether they file a notice or not, that does not take away the validity of the judgment until it is overruled by the appellant court, either the Court of Appeal or the Supreme Court.”

It would be recalled that the Osun election petition tribunal, sitting in Abuja had on Friday nullified the election of Oyetola as the governor of Osun State, cancelling results from 17 polling units over the alteration of results by INEC while it also deducted 2,029 votes of the APC and 1,246 votes of the PDP.

https://www.tribuneonlineng.com/197875/?amp_markup=1&__twitter_impression=true

Hahaha

PrinceKenne:
Wike lost at the tribunal, lost at the appeal court and won at the Supreme Court. Mama Taraba won at the tribunal, lost at the appeal and Supreme Court.
Therefore, when the appeal or Supreme court says otherwise on Osun election, don't come here to start quoting scriptures.

Some of these judgement were already very skewed . In Wike case at supreme Court , his lawyer argue that there was no law that card reader must be used . This is what saved Wike . Hence in the 2019 elections, INEC by pronouncement rather than by written law says card readers must be used and votes outside of card readers are to be voided . This pronouncement was not there in 2015 and that legal angle was what saved Wike . Some of his votes were not captured by card reader and he said it was by manual accreditation. The tribunal and appeal court didn't take that arguments. But they're wrong in that almost all the elections of that year had more votes than what the card reader gave . So why single out Rivers case ? That is the angle the supreme Court looked at . That there was no law to back the use of card reader
Supreme Court judges are usually more reliable and experienced enough to give reasonable judgements and are a panel of 5_7 judges unlike tribunal and appeal court where it is just 3 judges . Amaechi became governor by supreme Court too . To be honest , the supreme Court has helped to refine and grow our democracy in the last 10 years . Yardua did a lot to ensure the independence of the judiciary and it helped them to give judgement without bias or fear of being molested .
Democracy is actually about justice and the people. It is anchored on the courts , police and the legislature. These 3 are responsible for nurturing our democratic culture. Hence fascist rulers would silence these 3 so they can do anyhow they like .That is not democracy.
We must constantly rely on supreme Court judgement to enable us to continue to grow out democracy. ! Cases are different and because some lost or won at supreme Court doesn't mean they were bribed or compromised. It depends on how you argue Your case.

udemzyudex:


What's the meaning of why in a hurry? The tribunal told inec to issue him a certificate of return.

APC has appealed

INEC cannot issue 2 certificates for one mandate.

Just like Dakuku and Mama Taraba did not rush, PDP should be patient enough for the Supreme Court to settle the matter

bkool7:


APC has appealed

INEC cannot issue 2 certificates for one mandate.

Just like Dakuku and Mama Taraba did not rush, PDP should be patient enough for the Supreme Court to settle the matter

Is that what Inec said?

ubox:

Na PSG own pain pass, Atletico saw it coming

Oooo I forget

BlackAfrican:


Indomie generation... How old are you .... You're not aware that the fraudulent judgement Wike purchased to remain in office as governor was bought from Supreme court.

. Yes you are right after Tinubu and Ayo salami was discovered to have messed up the court of apeal it was changed to Supreme Court especially in the cases of osu, Edo, Ondo and Ekiti

Humility017:


how come oshomhole's own and that of mimiko ends at the appeal court during Jonathan's time or has the electoral law changed?

it ends in the appeal court man.... browse past precedents

Go and learn more, governor and presidency can proceed to Supreme Court while assembly, Rep & Sen. End at tribunal

*paid*

Paid and payed means the same thing and they are both the past tense of pay. Just that "payed" is scarcely used while paid is most commonly used.
They literary mean the same thing.
anyone with differing views can quote and explain. Learning never ends you know

Oyetola might triumph at last. Dakuku Peterside and Mama Taraba won at the Election petition tribunal and at the appeal court but both lost out at the Supreme court.The judgement was not unanimous . The tribunal chairman gave a judgement in favour of Oyetola while the two other judges favoured Adeleke. The case might be overturned by the court of appeal or the supreme court. This is Nigeria, so it is not yet total victory for the Adeleke's until after the supreme court judgement.

muykem:
They should wait for appeal court and Supreme court now. Why in hurry?

They are too inexperienced to know that.

muykem:
They should wait for appeal court and Supreme court now. Why in hurry?

What are they waiting for when the tribunal has already ruled

BlackAfrican:


Indomie generation... How old are you .... You're not aware that the fraudulent judgement Wike purchased to remain in office as governor was bought from Supreme court.

Through beloved bureau-de change Onnongen and madam Odili connection.

BlackAfrican:


Indomie generation... How old are you .... You're not aware that the fraudulent judgement Wike purchased to remain in office as governor was bought from Supreme court.

Through beloved bureau-de change Onnongen and madam Odili connection.