http:///s53b95ad5220910en_ng?link=1&client=news

Oyetola, Election Petition Tribunal and the Estoppel Doctrine

By Adebayo Adedeji

It is no longer news that the Independent National Electoral Commission (INEC) issued to PDP a Certified True Copy of BVAS Report which is diametrically at variance with the one it earlier issued to APC and Governor Oyetola. Labouring to prove their case at the Tribunal, APC and Oyetola have countered that INEC should be ESTOPPED from asserting a contrary view or denying the correctness of the contents of the BVAS Report it issued to them. The Petitioners (APC/Oyetola) relied on the fact that the BVAS Report was duly issued to them by INEC. What are the implications of this INEC's action on the July 16 Governorship Election held in Osun State? While it is advisable we allow the Tribunal to adjudicate on the merit of the case, for the purpose of our casual discussion, it is instructive we shed some light on what ESTOPPEL, cited by the Petitioners, means.

The basic concept of an estoppel is that where Person (A) has caused Person (B) to act on the basis of a particular state of affairs, A is prevented from going back on the words or conduct which led B to act on that basis, if certain conditions are satisfied.

Relating the foregoing to the case at hand, does it mean INEC is bound by estoppel since, based on the available information, it issued the BVAS Report to the petitioners after they had met all the conditions stipulated in Section 104 of the Evidence Act 2011? Let's consider Section 169 of the Evidence Act 2011 for a probable answer. The Part X of the Act ( Presumptions and Estoppel) states that "When one person has either by virtue of an existing court judgment, deed or agreement, or by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative in interest shall be allowed, in any proceedings between himself and such person or such person’s representative in interest, to deny the truth of that thing."

In the case of Peter Enahoro v. O'cerons Limited & Ors (2014) LPELR-22841(CA), the Doctrine of Estoppel is also articulated thus:

" (a) If a man by his words or conduct willfully endeavours to cause another to believe in a certain state of things which the first knows to be false, and if the second believes in such state of things and acts upon the belief he who knowingly made the false statement is estopped from averring afterwards that such state of things does not exist at the time.

(b) If a man either in express terms or by conduct makes a representation to another of the existence of a state of facts, which he intends to be acted upon in a certain way in the belief of the existence of such state of facts, to the damage of him who so believes and acts, the first is estopped from denying the existence of such a state of facts.

(c) If a man, whatever his real meaning may be, so conducts himself that a reasonable man would take his conduct to mean a certain representation of facts and that it was a true representation and facts and the later was intended to act upon it as in a particular way and he with such belief does act in that way to his damage, the first is estopped from denying the facts as represented. See Olalekan v. Wema Bank Plc (Supra). See also: Joe Iga & Ors v. Ezekiel Amakiri & Ors (1976) 11.”

Considering the striking examples cited above and in view of the pleading of the Petitioners that INEC was authorised to issue the BVAS Report after the Petitioners had met the statutory requirements, is it not logically satisfying to maintain that INEC is tied by the Doctrine of Estoppel as to the BVAS Report it issued to APC and Oyetola? Only the Tribunal can answer this question but it is worth reminding the electoral body the need to preserve confidence of the people for such confidence is of high importance. INEC must prove to be above board in the allegation of improper collusion with PDP leveled against it by APC and Oyetola.

All this trash no concern Osun state people because they have spoken their minds through their PVC. Oyetola go home and enjoy your loot

Osun Governor Elect Senator Nurudeen Jackson Ademola Adeleke signing his witness statement on oath at the Registry of the Tribunal today Friday 9th September, 2022.

November 27th 2022 is sacrosanct InshaAllah

Okay

Anyway...

Jostoman:
All this trash no concern Osun state people because they have spoken their minds through their PVC. Oyetola go home and enjoy your loot

Real trash