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Nairaland Forum / Nairaland / General / Politics / What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? (5794 Views)
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What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by Penguin2: 7:13pm On May 09, 2023 |
Before the Supreme Court ruled on Oyetola v Adeleke case, I made a submission that whatever the Supreme Court decides on the case would be very consequential to the presidential petitions of Atiku and Peter Obi. And the reason I said this is because this is the first time that the highest court will be ruling on a case involving the BVAS and IREV since the 2022 Electoral Act was signed into law which made BVAS and IREV legal properties of INEC. My argument was, and still is, that whatever the court decides will serve as a precedent on how the lower courts will adjudicate on electoral petitions in different tribunals across the country, and being so recent, it will be a precedent that no one would expect the Supreme Court to overrule itself on anytime soon. Now, the apex court has upheld the election of Ademola Adeleke. Congratulations to him. But what did they say in delivering their judgment? First, and the most important takeaway, is that the apex court has established it as a precedent that the BVAS is the primary source of data for the election. What this means is that every vote scored or announced by INEC must tally with the accreditation data as captured by the BVAS. Again, and similarly, INEC declared results must tally with accreditation data on the BVAS. I think there are other things they said which would be further elaborated on by lawyers in the house even though more clarity will come when we get the full judgment of the court. Fergie001 Garfield1 Ejimatic 5 Likes 1 Share
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Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by lhordspy: 7:18pm On May 09, 2023 |
According to your main point, this: "First, and the most important takeaway, is that the apex court has established it as a precedent that the BVAS is the primary source of data for the election. What this means is that every vote scored or announced by INEC must tally with the accreditation data as captured by the BVAS." I have come to the conclusion that it is either you are ignorant of this whole thing or you trying hard to confuse yourself rather than convince your reader. BVAS is different from IREV. Will i have to continue screaming this everyday? And what do you mean by "every vote scored or announced must tally with accreditation voters?" ![]() Going by the judgement, Obi has no case. Obi used 2weeks trying to harvest data from results stored in INEC server not even from BVAS itself . And they came back with complains instead of concrete evidence. We know how lousy the LP are, if there was anything tangible as outcome. They would have included 'Over voting' in their petition. They would have made it the center of their wailing. It is two different thing here. Ademola vs Adeleke case is centred on over-voting, and it is very logical that BVAS should be the main source of focus; because that is the main work of the BvAS. But Obi's petition is centred around result and other small fries that falls under deminimis rule . And it has nothing to do with BVAS. 26 Likes 3 Shares |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by Ofunaofu: 7:19pm On May 09, 2023 |
The Bimodal Voter Accreditation System (BVAS) has come to stay as a legal instrument for the accreditation and transmission of election results in Nigeria 5 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by garfield1: 7:21pm On May 09, 2023 |
Penguin2: You didnt read it well.they were three different accreditation reports and none tallied with what inec declared.since apc could not prove sufficient overvoting,it failed.obi never extracted data directly from the bvas so he fails 14 Likes 3 Shares |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by seanfer(m): 7:47pm On May 09, 2023 |
garfield1: Boss don’t stress yourself the OP will not listen to correction. Let him continue twisting everything to support his stand. 14 Likes 2 Shares |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by fergie001: 7:50pm On May 09, 2023 |
seunmsg: I am not supposed to help you but let me ask, are you helping BAT or you want to sink him? Like you don't know that transmission of results from Polling Units is mandatory? 60(4) A collation officer or returning officer at an election shall collate and announce the result of an election, subject to his or her verification and confirmation that the – (a) number of accredited voters stated on the collated result are correct and consistent with the number of accredited voters recorded and transmitted directly from polling units under section 47 (2) of this Act; (b) the votes stated on the collated result are correct and consistent with the votes or results recorded and transmitted directly from polling units under section 60 (4) of this Act. Direct transmission must be from ONLY Polling Units. The two proviso that will help the BAT team is the fact that:- 1. How many results were not uploaded? Were they listed in the petitions? 2. 60(5) said if there is a dispute at the Polling Units, Sections 60(a-d), 60(5) and 60(6) will follow each other. The arguments now should be: 1. Were there disputations at any level of the collations by PDP or LP agents? 2. If there wasn't, did the Polling Unit agents concur to the results announced at the PUs and displayed conspicuously on the walls? 3. At the Ward levels and going up, any objections in particular PUs? Were these PUs listed in the petitions? Is it enough to enure victory to any of the Petitioners? 9 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by seunmsg(m): 7:56pm On May 09, 2023 |
For anyone to prove over voting or rigging, only direct data on BVAS will be accepted as primary source of evidence. Nonsense argument like results were not uploaded straight from polling units is useless. In as much as the declared result is substantially in-line with what’s on BVAS, it’s a done deal. Peter Obi and Atiku’s results were not uploaded on IREV argument has been trashed even before the commencement of the case. Finally, except there is a very substantial and widespread irregularities, Supreme Court will always side with whoever is declared winner by INEC. 17 Likes 2 Shares |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by Penguin2: 8:01pm On May 09, 2023 |
garfield1: How can you say Obi never extracted data directly from the BVAS? What then did his lawyers go to do at INEC HQ when they went to inspect materials? And hey, Obi’s case is just starting. You can’t claim to be privy to his lawyers’ evidences and materials. Wait until trials start. And remember that Adeleke’s lawyer, Onyechi Ikpeazu, is also Obi’s lawyer. He’s definitely going to take lessons from this Osun case to the Presidential Petition Tribunal. 21 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by Exc2000: 8:07pm On May 09, 2023 |
![]() Anyone with tiny little sense would know with this supreme court pronouncement Obi lost woefully Oyetola went to Court to present evidence of Over voting and actual vote not matching what BVAS PVCs accredited Adeleke and INEC argued that the descripancy recorded where not upto the margin of first and second position PDP and APC, hence election can't be cancelled and a re run can't be ordered While electoral laws , Supreme Court, Appeal court all agree Bi Modal Voters Accreditation System is legal and would be used. Non agreed that IREV database and website is compulsory . 13 Likes 1 Share |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by Penguin2: 8:11pm On May 09, 2023 |
seunmsg: Lol! Is this the watery argument that you are hoping will save you guys from Rivers robbery? Need I remind you that the Supreme Court equally ruled that Form EC8A, which is where votes are entered at polling units with party agents having a copy, is equally consequential in proving the authenticity of votes declared by INEC. So, using Rivers as an example, what Obi’s lawyers need to do is to provide the form EC8A of all the polling units in Rivers State as issued to Labour Party by Polling Unit Returning Officer. Once the court can determine that the numbers on the form EC8A of Labour Party agents, and PDP agents too (most probably), and that the numbers on the EC8A of Labour Party agents actually tally with the numbers on IREV, you think the court is going to look away? Lastly, the Supreme Court did not dismiss the instrumentality of the IREV in election matters. 14 Likes 2 Shares |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by NothingDoMe: 8:11pm On May 09, 2023 |
lol. 🤐 |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by engineerboat(m): 8:16pm On May 09, 2023 |
I need to read the full judgement not hearsay just like the learned SCJ said today 1 Like |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by Exc2000: 8:22pm On May 09, 2023 |
Penguin2: BVAS accreditation is legal and recognize by Electoral laws, Supreme Court and Court of Appeals IREV database online portal and Website isn't recognize by the electoral law, Supreme Court or any court ... It is simply an INEC guideline . 8 Likes 1 Share |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by engineerboat(m): 8:24pm On May 09, 2023 |
seunmsg: The 2 case in reference are different Oyetola is saying I DON'T NEED BVAS BECAUSE I ONLY NEED INEC DATABASE BUT THE COURT SAID NO, YOU NEED TO PRESENT THE BVAS AS THE ACTUAL MEANS OF THE UPLOAD WHICH MUST BE CORRECT However in PEPT It's a case of WHAT YOU GAVE TP PARTY AGENT IS DIFFERENT FROM WHAT WAS ANNOUNCED AND ALSO IN YOUR GUIDELINE AS A CHECK AND BALANCE IREV WAS NOT DONE. 5 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by seunmsg(m): 8:26pm On May 09, 2023 |
Penguin2: They did not dismiss IREV, they only said BVAS is the primary source of data to prove Election Day irregularities. Irrelevant argument such as results were not uploaded on IREV from polling units holds no water in as much as what is eventually uploaded is in-line what’s on BVAS. From Peter Obi’s petition, it’s obvious they don’t even have a substantial number of form EC8A as they don’t have agents in most polling units. They may get lucky with Rivers if what’s on IREV is the same with what’s on BVAS. But then, that’s where it ends for them. Rivers alone is not enough to change the outcome of the entire election. Results from various states uploaded on IREV have been calculated by different interest groups including Mark Essien of the Obidient movement and they all ended up arriving at Tinubu’s victory. Finally, to prove rigging, a candidate must produce the direct result on BVAS from over 170k polling units. I will be waiting for how any candidate will do that successfully. 11 Likes 1 Share |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by engineerboat(m): 8:27pm On May 09, 2023 |
Exc2000: The judgement does not invalidate IREV Oyetola does not bring up any case on Form EC8 oyetola argument was on voters accreditation. IREV is result viewing portal and verififcation portal and it's not for accreditation 2 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by Penguin2: 8:27pm On May 09, 2023 |
lhordspy: Just a reminder, Obi has 3 other solid ground of petition against Tinubu before we get to the part that has to do with the BVAS. My talking about the BVAS here is just to inform you guys that Obi’s case is getting even more stronger. And saying that Obi came with complaints rather than concrete evidence after inspecting the BVAS is being presumptuous because trials have not started and you haven’t seen the evidences they extracted from the BVAS. And mind you, nothing stops parties from bringing more evidences as the case progresses just like nothing stops the court from ordering INEC to produce all the BVAS machines used for the election. 7 Likes 1 Share |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by engineerboat(m): 8:29pm On May 09, 2023 |
seunmsg: You can't conclude because each of tbe petitional have their evidences in their hand So for now we wait till the case begins 3 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by Exc2000: 8:30pm On May 09, 2023 |
engineerboat: Saying the same thing IREV wasn't brought up because no section of the constitution acknowledge it unlike BVAS 1 Like 1 Share |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by seunmsg(m): 8:31pm On May 09, 2023 |
engineerboat: Believe whatever makes you happy. The court has made it clear that BVAS is the primary source of evidence for election data. In as much as the declared result is inline with what was uploaded, arguments such as results were not uploaded from polling units holds no water. It is dead on arrival already. If the result on BVAS is not substantially different from what was declared by INEC, it stands. Period! 9 Likes 1 Share |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by garfield1: 8:32pm On May 09, 2023 |
Penguin2: Obi never extracted data,remember he couldn't inspect bvas due to guber polls.data from bvas was transfered to server which will bw incomplete like osun 3 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by Antipob777(f): 8:34pm On May 09, 2023 |
garfield1: I remember you said you were not Interested in the osun matter again. Bro pls dont stress yourself again explaining this. Obedients are good in twisting judgement they never read well. We all know with the judgement today, Peter obi case in the tribunal is a merecacademic case. It has failed already and as I type obi and his lawyers are dumbfounded. I will just assume that APC sacrificed Osun to pave ways for a smooth victory for TINUBU at the tribunal. Shalom 7 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by seunmsg(m): 8:35pm On May 09, 2023 |
Penguin2: And you assuming he has evidence when he has not presented anything at all to back up his claim is not presumptuous, right? Dey play. 6 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by engineerboat(m): 8:35pm On May 09, 2023 |
seunmsg:For your information petitions are based on many grounds. Your argument on uploading to IREV is just a sub section of a ground not even main ground so like i will say expand your search 5 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by ejimatic: 8:36pm On May 09, 2023 |
Penguin2:. The SC never accepted BVAS report or IREV . It described BVAS machines as primary data that must be brought to court and BVAS report with IREV data as insignificant. It also agreed that Voters register is necessary to prove overvoting.. In my opinion both Obi and Atiku have no cases again with the precedent set today in this judgement. Atiku and Obi relied on IREV and BVAS reports. already jetisioned today by the SC. Congrats to Adeleke .Osun Adara! Congrats to BAT in advance .Long live Nigeria. 8 Likes 1 Share |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by blacknp(m): 8:38pm On May 09, 2023 |
Penguin2:Same Peter Obi that was not even eligible to contest the election? 5 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by engineerboat(m): 8:38pm On May 09, 2023 |
Exc2000: No Oyetola is not talking about Form EC8 but overvoting, and based it on inec server without any recourse to the BVAS primary source 3 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by Penguin2: 8:43pm On May 09, 2023 |
engineerboat:Please tell him. Hopefully, he will listen. 2 Likes |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by engineerboat(m): 8:51pm On May 09, 2023 |
seunmsg: Listen again BVAS is the primary source of data (Accrediatation and Election uploading) Form EC8A data must correlate with what s on BVAS and what is on IREV So your argument is once result declared corresponds with BVAS accrediation, now I get You but you fail to realise that every party agent have copies of signed form EC8A 4 Likes 1 Share |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by PoliticalUpdate(m): 9:06pm On May 09, 2023 |
seunmsg: I laugh in Yoruba because Mark Essein came out to clarify what happened how that APC bandwagons started uploading outrageous results to justify Tinubu's victory - in a bid to thwart the authenticity of their case. Guess what in the end Peter Obi won, and it was part of the evidences submitted to the PEPT. 4 Likes 2 Shares |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by ojobek: 9:08pm On May 09, 2023 |
Exc2000: |
Re: What Are The Takeaways From Osun Judgment In Relation To Presidential Petitions? by Godjone(m): 9:09pm On May 09, 2023 |
Clearly, it will be difficult for that useless Mahmud Yakubu to defend his sham of an election. The elections should not only be nullified, the INEC chairman should be prosecuted and jailed. Obi will get his mandate back 1 Like |
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