adee17:
Please explain this case in mention.

Dapo Abiodun had submitted some information in 2015 when he contested as a Senator which were allegedly not true.

When it came up in 2019, Tribunal ruled
1. The Court of Appeal had dismissed the suit earlier so it stays with that Court.

2. It is a pre-election case with which the tribunal should not have been invited.

The Supreme Court judgement delivered by Ejembi Eko JSC as he was then:

By virtue of section 31(1) (2), (4), (5) and (6) of the Electoral Act the issue of alleged false statement in a candidate’s affidavit containing his particulars and personal information, Form CF001, is a pre-election issue. The National Assembly had by that provision provided for the determination or resolution of the issue. In the instant case, the appellants made an issue, in their petition, of the 2nd respondent’s affidavit, Form CF001, allegedly containing false statement of his qualification to contest the election to the office of the Governor of Ogun State. The tribunal and the Court of Appeal were right to have held that by virtue of section 31(1) (2), (4), (5) and (6) of the Electoral Act read together with 285(9) and (14) of the 1999 Constitution (as amended) it was a pre-election issue to be disposed of under section 31 of the Electoral Act (as amended), and was therefore statute- barred.

I don't see the difference between these two cases.....

fergie001:

To add, APC is premising mainly on this certificate issue.

They brought only two out of 300 witnesses for the over-voting allegations. When INEC opens their defence, we will know more.

This Certificate saga is where APC & Oyetola intends to do the maximum damage.

Always welcome.

They wouldn't be able because there is a judgement relating to that already

garfield1:



Fergie,it seems adeleke has been cornered.I dont know but it seems the fake certificate he tendered in 2018 was what inec brought and apc now brought the originals.
Now the constitution clearly said a candidate will be disq if he has ever submitted a forged certificate to inec via white lion case.this is backed by extant inec regulations and affidavits.
Inec defence won't take much time.highest one week.it is now left for pdp and adeleke defence to start work.since deadline is 29 Jan,defence has till Jan 10.

APC did ot tender anything in court.

They were hoping that what INEC will bring will be what they are suspecting it will be but alas it us not.

Ao there is no need for them to continue with their witnesses

garfield1:


It is just jargons except more than one device is used in which case all data will simply add up.ok why are they not synchronizing results but just accredited votes?
All apc is saying is that cancelled all units with overvoting and declare the available winner which is apc

Only resultd were uploaded online.

BVAS would be synchronised later

:

assholemods:

Keep living in fools paradise.

Hungry dependent

Exactly. Thanks for your time.

fergie001:

Dapo Abiodun had submitted some information in 2015 when he contested as a Senator which were allegedly not true.

When it came up in 2019, Tribunal ruled
1. The Court of Appeal had dismissed the suit earlier so it stays with that Court.

2. It is a pre-election case with which the tribunal should not have been invited.

The Supreme Court judgement delivered by Ejembi Eko JSC as he was then:

By virtue of section 31(1) (2), (4), (5) and (6) of the Electoral Act the issue of alleged false statement in a candidate’s affidavit containing his particulars and personal information, Form CF001, is a pre-election issue. The National Assembly had by that provision provided for the determination or resolution of the issue. In the instant case, the appellants made an issue, in their petition, of the 2nd respondent’s affidavit, Form CF001, allegedly containing false statement of his qualification to contest the election to the office of the Governor of Ogun State. The tribunal and the Court of Appeal were right to have held that by virtue of section 31(1) (2), (4), (5) and (6) of the Electoral Act read together with 285(9) and (14) of the 1999 Constitution (as amended) it was a pre-election issue to be disposed of under section 31 of the Electoral Act (as amended), and was therefore statute- barred.

I don't see the difference between these two cases.....

Tingotoe:
Is that what they told you?

As you are blind to see

fergie001:

Have you seen the content or originals of what INEC submitted?
Are you also aware, it was shared with Adeleke's lawyers before they were tendered?


Out of their listed 300 witnesses?
When they open defence, we will know where it's headed.

E no far again....

All adeleke's lawyers vehemently opposed after seeing the content while apc lawyers were satisfied.i have told you bvas reports or records speaks for itself,it needs no witnesses except inec.they have satisfied the burden of proof,over to the defence to rebut

fergie001:

Dapo Abiodun had submitted some information in 2015 when he contested as a Senator which were allegedly not true.

When it came up in 2019, Tribunal ruled
1. The Court of Appeal had dismissed the suit earlier so it stays with that Court.

2. It is a pre-election case with which the tribunal should not have been invited.

The Supreme Court judgement delivered by Ejembi Eko JSC as he was then:

By virtue of section 31(1) (2), (4), (5) and (6) of the Electoral Act the issue of alleged false statement in a candidate’s affidavit containing his particulars and personal information, Form CF001, is a pre-election issue. The National Assembly had by that provision provided for the determination or resolution of the issue. In the instant case, the appellants made an issue, in their petition, of the 2nd respondent’s affidavit, Form CF001, allegedly containing false statement of his qualification to contest the election to the office of the Governor of Ogun State. The tribunal and the Court of Appeal were right to have held that by virtue of section 31(1) (2), (4), (5) and (6) of the Electoral Act read together with 285(9) and (14) of the 1999 Constitution (as amended) it was a pre-election issue to be disposed of under section 31 of the Electoral Act (as amended), and was therefore statute- barred.

I don't see the difference between these two cases.....

If that should be the case, can we just conclude that APC has no case then, and congratulate Adeleke already

TheChameleon:

Do still think... you know... something can be done?

I hope so.

Adeleke will lose at the Tribunal. The APC is succeeding in its quest to prove that there were irregularities substantial enough to cancel the election. Adeleke won slightly. Canceling the votes of Ejigbo LG alone will make Adeleke lose, not to talk of other LGs

adee17:
In that case, APC is wasting their time on two grounds. One, let's assume APC has a certificate in their possession different from the what adeleke
submitted in 2018, they goofed by not calling WAEC as witness. APC is not the maker of WAEC certificate and cannot authenticate it or otherwise. Two, issue of certificate or qualification is not a ground to contest an election result in a tribunal. It's a pre-election matter and only those who participate in a primary election have ground to sue according to 2022 electoral act.

They do not need to call witnesses or waec as far as the documentary evidence are strong enough.see diri vs degi Supra,seleketimibi vs dide Supra...
Two,section 182(j) of the constitution has made it both pre and post election matter same as section 285 amended.see atiku vs buhari Supra.this is a constitutional matter and it can be raised at any stage.

Wickedfacts:


Adeleke will lose at the Tribunal. The APC is succeeding in its quest to prove that there were irregularities substantial enough to cancel the election. Adeleke won slightly. Canceling the votes of Ejigbo LG alone will make Adeleke lose, not to talk of other LGs

Will make me happy to be frank. Didn't like APC dropping Osun simply because of my support for Baba Tinubu.

engineerboat:



APC did ot tender anything in court.

They were hoping that what INEC will bring will be what they are suspecting it will be but alas it us not.

Ao there is no need for them to continue with their witnesses

My brother,from the countenance and body language ofboth teams,it is obvious what inec brought indicts adeleke.dont forget inec twice came to the court and apc rejected them

Oyetola pursuing this case because of the future purpose for the next dispensations

TheChameleon:

Will make me happy to be frank. Didn't like APC dropping Osun simply because of my support for Baba Tinubu.

Even PDP members know that it is likely Adeleke loses Osun.
The main thrust of Oyetola's petition is not Adeleke's certificate, it is irregularities substantial enough to make them cancel the election. The certificate is just a red herring and PDP's lawyers are foolish just like during Atiku's INEC server red herring.

garfield1:
All adeleke's lawyers vehemently opposed after seeing the content while apc lawyers were satisfied.i have told you bvas reports or records speaks for itself,it needs no witnesses except inec.they have satisfied the burden of proof,over to the defence to rebut

They didn't oppose.
INEC submitted the while file, they objected because they said only illegible documents which were two should have been taken in by the tribunal.

They reserved their objection until final address.

The onus of proof is on the Petitioner.... It is criminal nature and must be proven beyond any reasonable doubts.

engineerboat:


They wouldn't be able because there is a judgement relating to that already

A judgement from a higher Court.

fergie001:

They didn't oppose.
INEC submitted the while file, they objected because they said only illegible documents which were two should have been taken in by the tribunal.

They reserved their objection until final address.

The onus of proof is on the Petitioner.... It is criminal nature and must be proven beyond any reasonable doubts.

The petitioner has satisfied the onus of proof.let the pdp rebut it

Wickedfacts:


Adeleke will lose at the Tribunal. The APC is succeeding in its quest to prove that there were irregularities substantial enough to cancel the election. Adeleke won slightly. Canceling the votes of Ejigbo LG alone will make Adeleke lose, not to talk of other LGs

Adeleke won ejigbo by less than 5000 votes.if you cancel it,it wouldn't make himwinnwr.the Target is ede

engineerboat:


Only resultd were uploaded online.

BVAS would be synchronised later

No sir.accredited records gets to inecserver first before results.sync doesn't affect it.

shanaka4u:
I think the issues involved in this petition are purely documentary and as such the number of witnesses will be very few. A witness cannot change the contents of a documentary evidence. That explains why APC called just 2 witnesses. I won't be surprised if INEC calls only one witness.

Gbam.cc Fergie...it is just like the imo guber case

garfield1:
The petitioner has satisfied the onus of proof.let the pdp rebut it

We will wait until the maker of the document arrives.

garfield1:


Gbam.cc Fergie...it is just like the imo guber case

Let us calm for Dec 20!

Documentary evidence for BVAS abi?

Wickedfacts:


Even PDP members know that it is likely Adeleke loses Osun.
The main thrust of Oyetola's petition is not Adeleke's certificate, it is irregularities substantial enough to make them cancel the election. The certificate is just a red herring and PDP's lawyers are foolish just like during Atiku's INEC server red herring.

You're brilliant.... any Wushu connections?

fergie001:

Relax, you are going too far....

It's just another...
Adekunle Abdulkabir Akinlade & Anor V. INEC & 2 Others.

That was in the old electoral act overtaken by new events

garfield1:


That was in the old electoral act overtaken by new events

What changed wrt that section and this one?

Did Section 285 also change?

adee17:
Actually APC is clever by half. The unsynchronised BVAS reports show that up to 1700 polling units alleged over-voting. Out of this about 700 were where Adeleke won while the rest is where Oyetola won. If the tribunal will go by these unsynchronised reports, and cancel election results there, pdp will still win.

You are missing the point.apc is only disputing or calling for cancellations in 749 units and not 1700.the courtwill only act on the 749 apc is disputing

garfield1:



My brother,from the countenance and body language ofboth teams,it is obvious what inec brought indicts adeleke.dont forget inec twice came to the court and apc rejected them

Body languagr you say.

Well lete wait till December 20.

It's not too far

fergie001:

What changed wrt that section and this one?

Did Section 285 also change?

That is what we shall find out but for now,we must find out whether adeleke committed forgery or not

fergie001:
We will wait until the maker of the document arrives.

Let us calm for Dec 20!

Documentary evidence for BVAS abi?

And if the maker of the document declines to defend nko?


You are getting emotional.if 1000 are accredited and1200 voted according to Inec sheets,what am I calling a witness to do? Now remind what are the requirements to prove overvoting

And PDP will not bring the remaining polling units in their defense?

garfield1:


You are missing the point.apc is only disputing or calling for cancellations in 749 units and not 1700.the courtwill only act on the 749 apc is disputing

And what if this alleged over-voting happened where APC also won?

garfield1:



And if the maker of the document declines to defend nko?


You are getting emotional.if 1000 are accredited and1200 voted according to Inec sheets,what am I calling a witness to do? Now remind what are the requirements to prove overvoting