OYETOLA AND HIS DREAM OF MANDATE RECLAIM: EATING A PIE IN THE SKY.

Since the petitioners and the respondents joined issues in the election petition filed by Alhaji Gboyega Oyetola, the outgoing Governor of Osun State and his defeated party, the APC, I have for quite sometime now deliberately refrained from commenting on same for the sake of respect for due judicial process. For this reason, I haven't reacted to all the distortions, mis-interpretations and mis-representations by the APC especially the CPS to the outgoing Osun State Governor, despite onslaught of questions from concerned members of our party and the public seeking for clarifications.

However, I felt morally compelled to answer the "questionnaires", as a matter of respect, albeit not in a way that will prejudice the petition at the Tribunal. I will address the issue from two perspectives, first, from the perspective of the documents already tendered or to be tendered by the petitioners and even the respondents at the Tribunal, second from the perspective of the BVAS report which is the fulcrum of the petitioners' petition. I have read and learnt about the euphoria in the petitioners' camp celebrating the admission by the Tribunal of the documents tendered by the APC as if the admission automatically translates to victory. I quip to add here that the loyalists of the outgoing Governor and his APC throwing parties for the reason of the Tribunal's admission of the documents is laughable. For one, they might be ignorant of the proceedings at the Tribunal or might be deliberately playing a mind game of the usual false hope or imaginary victory to keep their party together in the face of the reality of the defeat they suffered at the polls and which, insha Allah, will still be their lot at the Tribunal. To clarify the issue surrounding admission of the documents at the Tribunal, I will urge the public to get a copy of the Tribunal Pre-Hearing report in which it is clearly stated that all documents shall be admitted at the hearing while objections to their admissibility (if any) shall be taken at the final address stage. This invariably means that admission is different from admissibility. A document though admitted will be expunged from the court's records if it is found out in the end that the document is not admissible. The import of this is that if any party to the petition brings any document, whether pleaded or un-pleaded, whether admissible or inadmissible, even it is a leaf from a tree, the Tribunal will admit it, while the fate of its admissibility awaits it at the final address stage and ultimately at the time of ruling/judgement. So, what the petitioners' loyalists have been celebrating and over which the pen of the CPS continues to dance furiously is nothing but a mesmerising mirage. There is nothing to celebrate. The heavy loads on the shoulders of the petitioners in terms of burden of proof haven't in anyway been lifted up to any level, not to talk of shifting it to the respondents at all. The petitioners still have a long journey ahead, wallahi, "omi n be lamu".

As for the BVAS report being celebrated by the petitioners, I will encourage members of the public to read section 62(1), (2) & (3) of the Electoral Act, 2022. From the marginal note of the section, it is clear that BVAS report is a post-election procedure which is undertaken after recording and announcement of results of the election. We may want to read about the importance of a marginal note in the interpretation of a statute, I commend the Supreme Court's decision in OSSIEC .V. ACTION CONGRESS to the readers.

Going forward, note that BVAS report is different from BVAS machine itself. BVAS report is not an election procedure but a post-election procedure, while BVAS itself is an election procedure. While BVAS report was not at the polling unit, BVAS itself was there. Whatever is contained in any BVAS report that is against what is in the BVAS itself will amount to nothing. The petitioners are relying on the BVAS report from INEC's server which was a stranger to the polling units where the election held, while the respondents are relying on the BVAS machine itself which was a manager at the polling units. We must be reminded that each BVAS machine has automatically stored on it the accreditation figure and result of each polling unit, as well as the scanned copy of the polling unit result. The time and date of the election results in issue were also captured on each BVAS machine. We must note further that the BVAS itself is a primary source while the server is a secondary source which requires continous maintenance and updating. In the event of any controversy from the secondary source, recourse is made to the primary source. That is the whole lot of the fate awaiting the APC and OYETOLA at the Tribunal. Their dream of mandate reclaim is like eating a pie in the sky, a false hope, like a recycled loss which can only produce another loss. All the euphoria of admission of the petitioners' documents at the Tribunal is nothing but a mirage, building a castle in the air, and eating a pie in the sky. As far as Oyetola and APC's defeat in Osun is concerned, the die has already been cast.

Hashim Abioye Esq.,
Secretary Osun PDP Legal Committee/Member Osun PDP Caretaker Committee.

first batch ur-chins on 30k monthly payroll

I pity the ones that will still search for their names inside.

Cc OAM4j cc Seun cc lalasticlala cc mynd44 cc justwise FP

Mr lawyer, save your story for the tribunals

Nairaland no get Judges so no kill us with long epistle


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Moh247:




Mr lawyer, save your story for the tribunals

Nairaland no get Judges so no kill us with long epistle


.

as e dey pain you ooo
e dey sweet me baje ooo
as e dey pain you ooo
e dey sweet me baje baje
as e dey pain gan gan
e dey sweet me baje baje
Tinubu urchins oo are Drugnified oooo


Hahahahahaha nice song

Moh247:



Mr lawyer, save your story for the tribunals
Nairaland no get Judges so no kill us with long epistle

.

Apc has been defeated in Osun. How did you see that?

What transpired today at the Osun Election Petition Tribunal.

The petitioners, among other things, are challenging the result used by Sen. Ademola Adeleke.

The petitioners wrote an application to the court, asking her to tell INEC to present Adeleke's result. The court, being an arbiter, issued a subpoena to INEC to present Adeleke's result. This does not in any way states that Oyetola/APC has a good case.

Meanwhile, counsels to PDP, Adeleke and INEC, requested that the proceedings should continue, afterall, the petitioners claimed to have well over 300 witnesses to present, but counsel to petitioners objected it as they seek for adjournment by themselves to next week Monday, Nov 21, 2022.

It is laughable, seeing those who claimed to have a good case now looking for an irrelevant documents to backup their case. A case which was built on falsehood ab initio.

Like I said in the morning, if Oyetola said one of his evidences is inside the Bible, the tribunal will accept it, but that does not validate the genuineness of his case.

Surprisingly, I've read different versions of what transpired today. This falsehood can only last for a while. November 27th, 2022 lopin irin ajo.

Hon Asp Seyi

Again, Osun Election Petition Tribunal Adjourns Sitting, As PDP Queries Readiness Of Apc, Oyetola In Court

The election Petition Tribunal sitting in Osogbo was today forced to adjourn it's sitting till Monday, next week, 21st of November after Governor Gboyega Oyetola and the APC failed to produce any witness to back their claims at the tribunal.

At the resumed hearing of the Election Petition Tribunal on Wednesday in Osogbo, counsel to the appellants, Saka Layoonu surprisingly informed the tribunal of inability of the team to produce any witness including the state electoral commissioner, who according to him, has not been served the court subpoena for his expected appearance today.

The counsel therefore pleaded with the court to grant further Adjournment of the sitting for them to get more prepared for their case.

Worried by the incessant pleading for adjournment by the appellants, one of the senior counsels to defendants at the tribunal, Barrister N.O.O Oke SAN, queried readiness of Apc and governor Gboyega Oyetola in prosecuting the case they filed at the tribunal.

The senior counsel wondered what stopped Apc from proceeding with other witnesses at the tribunal instead of embarking on deliberate stalling of the tribunal with incessant adjournment, which had come at their instance for the umpteenth time.

"We are surprised that the appellants who claimed to be ready with witnesses numbering over 334, suddenly developed cold feet when it was time to produce them to butress their case"

Whatever happened with validity of the subpoena processes to the State INEC Commissioner, ordinarily should not have stopped a diligent prosecutor from from going ahead with other over 300 witnesses Apc claimed to have prepared for this case?

The PDP counsel urged the tribunal to compel Apc legal team to be definite with their business in court at the next adjournment, so that the same seemingly lackadaisical manner the outgoing governor and his party have been prosecuting their case would not continue.