THE TAKEAWAYS FROM THE SUPREME COURT JUDGEMENT OF THE OSUN STATE ELECTION PETITION.

The Supreme Court Judgement of the Osun State Election Petition is a 43-paged document, and it has lots of eye-opening details hidden inside it.

(You can download the document from the link below and read for yourself...
https://thenigerialawyer.com/wp-content/uploads/2023/05/OYETOLA-ANOR.-VS.-INEC-2-ORS.-SC-JUDGMENT-TheNigeriaLawyer.pdf)



1. The Supreme Court Judges considered both the Electoral-Act and the INEC’s Regulations And Guidelines in delivering their judgement.
(Pages:14-&-15)



2. The Supreme-Court Judgement recognized the provisions of the INEC-Regulations which stated that the Presiding Officers at the Polling-units should “electronically transmit or transfer the polling-unit results to the COLLATION SYSTEM”, and then “use the BVAS to upload a scanned copy of the polling-unit results to the IREV Viewing Portal”.
(Pages:23-&-24)



3. The Supreme-Court Judgement recognized the differences between the Collation System, and the IREV - which are both supposed to be very active during the same period that the election is also ongoing (as described by the INEC Regulations),, and also differentiated them from the National Electronic Register of Election Results - which is supposed to become active only after the elections had been concluded (as described by the Electoral Act 2022).
(Pages:24-&-25)



4. According to the Supreme-Court Judgement, the Collation System consist of various “centers” where results are collated at various stages. The polling-unit results that are transmitted to the collation system provides the relevant Collation Officers the means to verify polling-unit results as the need arises for the purpose of collation.
The IREV is where results are transmitted, so as to give the public the opportunity to view the polling-unit results on the election day.
The “National Electronic Register of Election Results” is a Post-Election record database.
(Page:24)



5. The Supreme-Court Judgement recognized the fact that the data that was retrieved from the back-end database could not be fully relied upon; based on the fact that the on-the-spot transmission of results from the BVAS may be frustrated due to lack of internet connectivity, BVAS Battery Failure, and failure to properly press the “Submit” button on the BVAS.
(Page:26)



6. The Supreme-Court Judgement recognized that: to establish a case of non-accreditation, improper accreditation, and over-voting, the evidence required are the register of voters, the BVAS Machines, and the polling-unit results.
(Page:17)
In the event that there is a conflict between the number of accredited voters in the BVAS Machine and the number of ticked names in the register of voters due to human errors, the BVAS record shall prevail.
(Page:27)
In place of producing numerous physical BVAS-Machines as evidence, the “Certificates of the BVAS records which are issued by the INEC from the examination of the record of the accredited voters in the BVAS machines” could be tendered.
(Page:31)



7. The Supreme-Court Judgement recognized that: to establish a case of forgery of documents, the awarding institution should disclaim the authenticity and validity of the document under dispute,, otherwise, the document remains authentic and valid.
(Pages:39-&-40)

There is some things to note.

1. The INEC is not under obligation to strictly obey the INEC Regulations and Guidelines; but they are under obligation to strictly obey the Electoral Act.
Meaning that, if INEC didn't obey their own INEC Regulations, and it resulted in gross misconduct, but they didn't go against the dictates of the Electoral Act, the election would not be cancelled, and the gross misconduct would be overlooked.
The misconduct can only cause the cancellation of the election if it directly violated the Electoral Act.

2. Even though the Electoral Act has the terms “Transmission” and “Verification of Results”, these terms were not properly described or explained inside the Electoral Act.
It is the INEC Regulations and Guidelines which further explained these terms.
Thus, these terms are considered very ambiguous and almost meaningless inside the Electoral-Act.
(Remember that the INEC can disobey their INEC Regulations, but not the Electoral Act)

3. The Osun-State Supreme-Court Judgement was totally silent on the IMPORTANCE of “Verification of Results” at the various Collation Centers as outlined in the Electoral-Act, even though the Osun-Judgement mentioned it, it didn't rule whether it is an important part of the process which must NOT be overlooked..
(This very Question is part of the things which the Presidential Election Petition is going to resolve.. Other questions to be answered in the PEPT include: the issue of instant transmission of results to a collation system, and then, an instant upload of the results to the IREV Viewing portal as outlined by the INEC Regulations).

4. For the PDP team that are accusing Tinubu of tendering Forged NYSC Certificate,, did they tender any evidence from the NYSC, or invite the NYSC to come to the tribunal and establish that the documents are forged.??

Ohkay

successmatters:
Ohkay

It's not Ohkay Abbegg..



I am not through yet

Tinubu will certainly become the first president of Nigeria to be sacked by the court

Toh

Bobloco:
Tinubu will certainly become the first president of Nigeria to be sacked by the court

For more jokes, sms OBIDIENTS to 419

helinues:


For more jokes, sms OBIDIENTS to 419

Jokes sometimes turns reality

How hard is it...

-Go to your polling unit
-Get accredited, get a tally
-When accreditation is done, go to the BVAS and get captured and verified..
- After capturing and verification, collect ballots and thumb print your choice..
- its optional to wait for the end of the process
- Counting starts.. result are written ec8a or sth..
- Police gets their copy, parties get their copy, result is uploaded on IREV, Inec agents report to collation centre..
- General Collation is started with cross checks with IREV...
- Collated results are verified and given to YAKUBU to announce..

What is hard here YAKUBU.... what is hard here..

Despite various calls to check your tally, the corruption in you was too strong, it hugged tightly.. you could not keep your mouth from its teats, you sucked away every drop of integrity from its mammary gland..

Here you are today... so afraid and ashamed of the cameras.. of the over 1.5m agents, only one stammered his way to your defence, eventually was struggling to breath just before he was finally let go from the witness box..

What was your gain eventually?.. the wealth you always had or the influence you once had.. truly, all that glitters is not gold..

helinues:
Toh

Dey there dey to Toh.


Just to remind you that the Osun SC-Judgement didn't really affect the direction of the PEPT..

The Judgement of the PEPT is going to follow a totally different trajectory...
And it will affect almost all future tribunal Judgements,, and the conduct of all future elections.

Lalasticlala, Seun, Nlfpmod

These are clear points of law not emotions.

In place of producing numerous physical BVAS-Machines as evidence, the “Certificates of the BVAS records which are issued by the INEC from the examination of the record of the accredited voters in the BVAS machines” could be tendered.
(Page:31)

.
Lotanna2 come and see, you that have been arguing that, according to Osun Supreme Court judgment, BVAS machines must be physically produced in court. I told you that you can’t claim to know more than the lawyers handling Obi’s case but you were grandstanding.

Just a reminder, Obi submitted BVAS accreditation data for all the states he’s contesting.

I’ve told you to stop trying to simplify Obi’s case in court; it’s not as easy as you and your fellow commissioned agents are trying to make it seem.

7. The Supreme-Court Judgement recognized that: to establish a case of forgery of documents, the awarding institution should disclaim the authenticity and validity of the document under dispute,, otherwise, the document remains authentic and valid.(Pages:39-&-40)

Fergie001 what did I tell you about Tinubu’s certificates again?

I told you PDP is not challenging the authenticity and validity of the certificates but simply asking the court to look at the gender on the certificates.

I do not think that CSU needs to come tell the courts that F stands for female in certified document.

God bless baba Emi lokan 1 of West Africa🌍

BluntCrazeMan:



Dey there dey to Toh.


Just to remind you that the Osun SC-Judgement didn't really affect the direction of the PEPT..

The Judgement of the PEPT is going to follow a totally different trajectory...
And it will affect almost all future tribunal Judgements,, and the conduct of all future elections.

The pept will not deviate from the precedent set by the supreme court.

BluntCrazeMan:



Dey there dey to Toh.


Just to remind you that the Osun SC-Judgement didn't really affect the direction of the PEPT..

The Judgement of the PEPT is going to follow a totally different trajectory...
And it will affect almost all future tribunal Judgements,, and the conduct of all future elections.

See eh, if the courts uphold the 2023 presidential election, just know that the 2022 Electoral Act has been rendered useless. We might as well revert to Electoral Act 2010.

It’s a tight fix for the judiciary and we all have our gaze cast on them.

I totally agree with this post. Technically and morally the election was rigged but in the eyes of the law (Electoral act 2022 and the constitution 1999 as amended) the election was not rigged. Obi and Atiku's cases are dead on arrival. No body should come out and say that the judiciary is bias this is the law. The electoral act is riddled with loopholes. The legislature is the problem of Nigeria not even corruption. Can you imagine that Former president Buhari rejected the electoral act for four good times before he later signed it? Only a few people in the presidency will see errors in what our legislators of multitudes cannot see. That's a confirmation when Buhari said the problem of Nigeria is the legislature.
Going back to Obi and Atiku's petition, I want to say that they are wrongly adviced. Imagine Obi he hired a lawyer that was the lead counsel for this case of Adeleke Vs Oyetola. That is the beginning of failure, because Obi want Ikpeazu SAN, to prove that only IREV result must be used to decide the case, after he has already proven that not IREV or collation backend server but BVAS must be used to decide the case between Adeleke Vs Oyetola at the supreme court. My final take is that supreme court has set a precidence with Adeleke Vs Oyetola case, meaning Asiwaju Ahmed Bola Tinubu Victory will be upheld. Recall that Tinubu was very happy after the declaration of the supreme court asserting that Adeleke is the authentic governor of Osun state? He was not happy for Adeleke, Tinubu was happy for himself, because that judgement will determine his own fate.

BluntCrazeMan:



Dey there dey to Toh.


Just to remind you that the Osun SC-Judgement didn't really affect the direction of the PEPT..

The Judgement of the PEPT is going to follow a totally different trajectory...
And it will affect almost all future tribunal Judgements,, and the conduct of all future elections.

Wetin this one dey talk?

BluntCrazeMan:
There is some things to note.

1. The INEC is not under obligation to strictly obey the INEC Regulations and Guidelines; but they are under obligation to strictly obey the Electoral Act.
Meaning that, if INEC didn't obey their own INEC Regulations, and it resulted in gross misconduct, but they didn't go against the dictates of the Electoral Act, the election would not be cancelled, and the gross misconduct would be overlooked.
The misconduct can only cause the cancellation of the election if it directly violated the Electoral Act.

2. Even though the Electoral Act has the terms “Transmission” and “Verification of Results”, these terms were not properly described or explained inside the Electoral Act.
It is the INEC Regulations and Guidelines which further explained these terms.
Thus, these terms are considered very ambiguous and almost meaningless inside the Electoral-Act.
(Remember that the INEC can disobey their INEC Regulations, but not the Electoral Act)

3. The Osun-State Supreme-Court Judgement was totally silent on the IMPORTANCE of “Verification of Results” at the various Collation Centers as outlined in the Electoral-Act, even though the Osun-Judgement mentioned it, it didn't rule whether it is an important part of the process which must NOT be overlooked..
(This very Question is part of the things which the Presidential Election Petition is going to resolve.. Other questions to be answered in the PEPT include: the issue of instant transmission of results to a collation system, and then, an instant upload of the results to the IREV Viewing portal as outlined by the INEC Regulations).

4. For the PDP team that are accusing Tinubu of tendering Forged NYSC Certificate,, did they tender any evidence from the NYSC, or invite the NYSC to come to the tribunal and establish that the documents are forged.??

PDP did not subpoena NYSC to verify or disclaim the NYSC certificate they are claiming to be fake. They know NYSC will validate the authenticity of the certificate so they decided to play to the gallery by submitting social media evidence.

They did exactly the same thing regarding his Chicago state university by submitting an uncertified transcript downloaded from social media showing F as the gender of the owner. They did not subpoena the school and didn’t even attempt to get a certified true copy of the transcript directly from the school. Tinubu simply countered them by submitting certified true copies of his school records duly attested by the university’s legal officer.

Penguin2:
. what did I tell you about Tinubu’s certificates again?

I told you PDP is not challenging the authenticity and validity of the certificates but simply asking the court to look at the gender on the certificates.

I do not think that CSU needs to come tell the courts that F stands for female in certified document.

I think it is contradictory to say you are not contesting the authenticity of a result but only the gender written on same certificate.

Even the date of issuance can invalidate that Certificate.

PDP or any Party contesting the gender or whatever is contesting the Certificate and the MAKER OF THE DOCUMENT has to issue a disclaimer to that effect. I have said this many times....

The Certificate is been contested.

There is a difference between the admissibility of a document and its probative value. While the former deals with relevance, the latter harps on relevance and PROOF.

Number 7 has answered these questions already ......

Penguin2:

See eh, if the courts uphold the 2023 presidential election, just know that the 2022 Electoral Act has been rendered useless. We might as well revert to Electoral Act 2010.

It’s a tight fix for the judiciary and we all have our gaze cast on them.

As far as I'm concerned the Nigerian judiciary is one of the best in the world. See all the judgement that people call fraudulent are really not fraudulent. One thing I noticed in the Nigerian judiciary is that for a judge to give a pronouncement in your favor, you must have a cogent evidence in the point of law. Even if you bribe the judges and no point of escape in the eyes of the law they will tell you that "oboy this your matter nor get escape route oh". The point here is always get a good lawyer for your case, a lawyer that is a SAN cannot just give you victory, instead get the best lawyers not lawyers with big titles, i am SAN, I am this, i am that, with nothing to offer.

I love reading your submissions my barrister...

Bobloco:
Tinubu will certainly become the first president of Nigeria to be sacked by the court

You lie

BluntCrazeMan:



Dey there dey to Toh.


Just to remind you that the Osun SC-Judgement didn't really affect the direction of the PEPT..

The Judgement of the PEPT is going to follow a totally different trajectory...
And it will affect almost all future tribunal Judgements,, and the conduct of all future elections.

You lie

duro4chang:
You lie

Just prepare yourself because you and your fellow Tinubu minions will be hit below the belt

Bobloco:


Just prepare yourself because you and your fellow Tinubu minions will be hit below the belt

Obi is a loser. He can never be president. We have rejected him. His gullible followers shall be disgraced. Obi is a bigot.

Na this one they give una for WhatsApp group? Abeg today na vawulence free day! Save your strength for tomorrow gbege! lol

BluntCrazeMan:
There is some things to note.

1. The INEC is not under obligation to strictly obey the INEC Regulations and Guidelines; but they are under obligation to strictly obey the Electoral Act.
Meaning that, if INEC didn't obey their own INEC Regulations, and it resulted in gross misconduct, but they didn't go against the dictates of the Electoral Act, the election would not be cancelled, and the gross misconduct would be overlooked.
The misconduct can only cause the cancellation of the election if it directly violated the Electoral Act.

2. Even though the Electoral Act has the terms “Transmission” and “Verification of Results”, these terms were not properly described or explained inside the Electoral Act.
It is the INEC Regulations and Guidelines which further explained these terms.
Thus, these terms are considered very ambiguous and almost meaningless inside the Electoral-Act.
(Remember that the INEC can disobey their INEC Regulations, but not the Electoral Act)

3. The Osun-State Supreme-Court Judgement was totally silent on the IMPORTANCE of “Verification of Results” at the various Collation Centers as outlined in the Electoral-Act, even though the Osun-Judgement mentioned it, it didn't rule whether it is an important part of the process which must NOT be overlooked..
(This very Question is part of the things which the Presidential Election Petition is going to resolve.. Other questions to be answered in the PEPT include: the issue of instant transmission of results to a collation system, and then, an instant upload of the results to the IREV Viewing portal as outlined by the INEC Regulations).

4. For the PDP team that are accusing Tinubu of tendering Forged NYSC Certificate,, did they tender any evidence from the NYSC, or invite the NYSC to come to the tribunal and establish that the documents are forged.??

duro4chang:
Obi is a loser. He can never be president. We have rejected him. His gullible followers shall be disgraced. Obi is a bigot.

Obi and Atiku are pure losers.

BluntCrazeMan:



Dey there dey to Toh.


Just to remind you that the Osun SC-Judgement didn't really affect the direction of the PEPT..

The Judgement of the PEPT is going to follow a totally different trajectory...
And it will affect almost all future tribunal Judgements,, and the conduct of all future elections.

Consolations statement from Obident follower . You are better to see your Doctor for a better back up before judgement day for you to remain .

Penguin2:
.
Lotanna2 come and see, you that have been arguing that, according to Osun Supreme Court judgment, BVAS machines must be physically produced in court. I told you that you can’t claim to know more than the lawyers handling Obi’s case but you were grandstanding.

Just a reminder, Obi submitted BVAS accreditation data for all the states he’s contesting.

I’ve told you to stop trying to simplify Obi’s case in court; it’s not as easy as you and your fellow commissioned agents are trying to make it seem.


Fergie001 what did I tell you about Tinubu’s certificates again?

I told you PDP is not challenging the authenticity and validity of the certificates but simply asking the court to look at the gender on the certificates.

I do not think that CSU needs to come tell the courts that F stands for female in certified document.

Oga,you have comprehension issues.it simply means records or printouts of bvas data from bvas not inec server.by the way,obi is not challenging accreditation data but results...


I ask again,is transcript a requirement for qualification or don't you know what transcript is? You have lost it

BluntCrazeMan:



Dey there dey to Toh.


Just to remind you that the Osun SC-Judgement didn't really affect the direction of the PEPT..

The Judgement of the PEPT is going to follow a totally different trajectory...
And it will affect almost all future tribunal Judgements,, and the conduct of all future elections.

It did actually