Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by eneyoduke(m): 6:24pm On Sep 24, 2018 |
senatordave1:
You this efik man,why not think of voting out failed governor ayade first before thinking of osun matters FEAR can mean two things: Forget Everything And Run Or Face Everything and Rise. The choice is urs |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by tonex360: 6:57pm On Sep 24, 2018 |
What kind of devils are in APC, the first manipulation did not work, they decided to generated another formula to end what they started. After the first manipulation they never knew they were still falling behind PDP. Am pretty sure their is finger of God on this Adeleke's matter to be the winner of this election. first was examination allegation, which was stopped by their own APC Oga pkatapkata at the top for that matter. secondly, after manipulation of result, they weren't still aware that they still fell behind PDP, chai... now the third formula is by declaring it inconclusive to rerun some part again, so as to see room to complete the manipulation, hmm... ( "ifechukwude.. odegoya", meaning what God has written, He has written, no mortal man can change it). They can still fail in the rerun, no doubt about that. |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by madridsta007(m): 7:00pm On Sep 24, 2018 |
Minjim:
3 years ke! Where did you get that from?
Take it easy now.
Osun has cleared his now. What about the other states still owing? Well, he hasn't exactly cleared all the monies owed (and yes, some were owed up to 3 years), despite releasing funds only some few days to the elections. Osun people have, as expected, proven that they do not have short-term memories. Other states owing? Is that a logical and sensible argument? ("Dad, I know I took 26th position out of 27 in class... But what about the guy that took 27th position?" You see how silly your "argument" is?). Please take this sort of "argument" to those who can listen to it. |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by sexyanyabubakar(f): 7:01pm On Sep 24, 2018 |
wirinet:
I am not a supporter of PDP or APC. I used to be a Buhari supporter, but he too seems to have failed on many levels.
I just want to see right things done.
|
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by deomelo: 7:01pm On Sep 24, 2018 |
What's new from the Kabukabu ipob roadside lawyer.. ![grin](https://www.nairaland.com/faces/grin.png) |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by Minjim: 7:14pm On Sep 24, 2018 |
madridsta007:
Well, he hasn't exactly cleared all the monies owed (and yes, some were owed up to 3 years), despite releasing funds only some few days to the elections. Osun people have, as expected, proven that they do not have short-term memories.
Other states owing? Is that a logical and sensible argument? ("Dad, I know I took 26th position out of 27 in class... But what about the guy that took 27th position?" You see how silly your "argument" is?). Please take this sort of "argument" to those who can listen to it. Who told you he hasn't cleared the salaries? Get ur facts right. I'm from Iwo and I have ppl in the civil service. Those below level 8 even collect their full salaries but what we hear online is the govt is paying half salaries to all worker My reference to other states was because you ppl are find of wailing as if its only Osun that owes. The battle for osun is not over. I've experienced Pdp b4 in Osun and I know the Apc govt did better. If you're not from osun and don't live there, you certainly have no stake in this |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by madridsta007(m): 7:50pm On Sep 24, 2018 |
Minjim:
Who told you he hasn't cleared the salaries?
Get ur facts right. I'm from Iwo and I have ppl in the civil service. Those below level 8 even collect their full salaries but what we hear online is the govt is paying half salaries to all worker
My reference to other states was because you ppl are find of wailing as if its only Osun that owes.
The battle for osun is not over. I've experienced Pdp b4 in Osun and I know the Apc govt did better.
If you're not from osun and don't live there, you certainly have no stake in this
I have two parents. One is from Osun. So I have a stake as much as you do sir. I expanded your argument to show that it is defeatist to use an example of failure as a standard. This is not Osun indigenes do. Why do t you make comparisons to those who have paid a 100% as when due? Is Kogi, Imo and Abia your standard? |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by Enice(m): 7:52pm On Sep 24, 2018 |
If there is no rerun, then no opposition will ever win election because elections in opposition stronghold will always be cancelled for one reason or the other |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by smirn(m): 7:59pm On Sep 24, 2018 |
uniqueboi: Adeleke satisfied the provision. In Osunbor v Oshiomhole (2007) 18 NWLR (part 1065) 32, cancelled votes had been counted and added to PDP/Osunbor’s scores.
“The courts, up to the Supreme Court, held that when votes are cancelled, they are not reckoned with in determining the outcome of such an election. The courts thereafter deducted the invalidated votes and this gave victory to Oshiomhole in the hotly contested election.” Clearly irrelevant argument, what need to be ascertain here is whether these invalid votes deducted as it were is more than the margin in which Oshomhole defeated Osunbor in that election.
Very good argument. |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by boxypane(m): 8:45pm On Sep 24, 2018 |
What is SAN mike Ozekhome trying to twist here, the electoral rules are clear. This type of lawyer is a criminal!!! |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by K2asure: 8:47pm On Sep 24, 2018 |
ukpono10: The Proposed Rerun Election in Osun State and the Law Preamble It is now official that INEC has taken a decision to conduct a rerun election in some polling units in Osun State before declaring the 2018 Gubernatorial Election conclusive. From the press release signed by Solomon Soyebi, National Commissioner and Chairman, Information and Voter Education Committee of INEC, the reason for the decision is given as follows: ”Based on the result by the Returning Officer, the margin between the two leading candidates is 353 which is lower than the number of registered voters in the affected areas. Extant law and INEC Guidelines and Regulations provide that where such a situation occurs, a declaration may not be made.” (See page 2, paragraph 2 of INEC’s letter of Sunday 23rd September, 2018). It is important to note that the said letter has not cited any section or provision of the ‘extant law and INEC Guidelines and Regulations’ to enable readers be on the same page with the Commission on the issue. However, in announcing the decision to declare the election inconclusive, Prof. Joseph Adeola Fuwape, Returning Officer and Vice Chancellor of the Federal University of Technology, Akure was more specific when he said that the decision is made pursuant to INEC’s Guidelines for Election. He said that according to the Guidelines, where the margin of victory at an election is less than the number of votes cancelled in the same election, a rerun must be conducted in the affected polling units to determine the actual winner of the election. The Professor did not also mention the exact section of the Guidelines but, his submission is clear and we can work with it for purpose of legal exposition on the issue at hand. What Does the Constitution say on When A Candidate is Deemed to Have been Duly Elected? Election into any public office in Nigeria is an issue of law and the most superior law in the Federal Republic of Nigeria today is the 1999 Constitution. Section 179 (2) provides what is required to declare a person winner in a gubernatorial election. It provides thus: ”179(2) A candidate for an election to the office of Governor of a State shall be deemedto have been duly elected where, there being two or more candidates – (a) he has the highest number of votes castat the election; and (b) he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the Local Government Area in the State.” What the law contemplates here is simple majority of votes cast. That means, even a hundred votes or less will be sufficient for one to emerge as winner of a gubernatorial election. The Legal Question The legal question here is, has the Governorship candidate of the PDP met the above conditions of the law? INEC has affirmed that after a thorough counting of the votes cast, the result shows that while the APC Candidate polled 254,345 votes, the PDP Candidate polled 254,698 votes leaving a difference or victory margin of 353 votes. By this confirmation Adeleke of the PDP has won that election with 353 votes. He has also won in not less than two-thirds majority of all the 30 Local Government Areas of the State. Going by the provision of section 179(2) of the 1999 Constitution, Adeleke of the PDP has emerged the winner of the 2018 Gubernatorial Election conducted in Osun State. There is nothing in that section to accommodate the excuse given by INEC. But the Constitution Recognizes a Rerun in the following Circumstances By section 179(3) of the same Constitution, a rerun only becomes necessary where there is no candidate with the highest number of votes in the election. For instance if the candidate of the APC and that of the PDP had equal number of votes, the Constitution allows INEC to conduct a rerun within 7 days from the announcement of the result. Also, where the candidate with the highest number of votes does not have at least one-quarter of all the votes cast in each of at least two-thirds of all the LGAs in the State, a rerun becomes inevitable. These are not the reasons given by INEC for the proposed rerun election. The implication of this is that the reasons given by INEC are not within the contemplation of the Constitution. When the Provisions of a Guideline is in Conflict with the Provisions of the Constitution, what Happens Clearly, the provision of the INEC Guidelines and Regulation which says that where the margin of victory at an election is less than the number of votes cancelled in the same election, a rerun must be conducted in the affected polling units to determine the eventual winner of the election, is in conflict with the provisions of section 179(2) of the 1999 Constitution on when a candidate is deemed to have emerged the winner in a gubernatorial election. The Constitution does not have any such provision or reason as given by INEC. By section 1(1) of the Constitution it is provided as follows: ”This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria”INEC is included in the phrase ”all authorities and persons’‘. By section 1(3) it is provided thus: ”If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of its inconsistency be void.” By the above section on supremacy of the Constitution, the provision of the INEC Guidelines under review is null and void and have no effect whatsoever having conflicted with the clear provisions of section 179(2) of the Constitution. Does the Law Have Any Business with Cancelled Votes? The law has no business with cancelled votes. Once declared ‘cancelled’, such votes have no further business in the electoral process and cannot form the basis for the nullification of the majority of lawful votes cast to warrant a rerun. They ought not to form part of the counting process and should not in any way influence the outcome of the election. In the celebrated case of Adams Oshiomole v. Prof. Osunbor, cancelled votes were added to the scores of the Peoples’ Democratic Party which saw to the emergence of Prof. Osunbor as the Governor of Edo State. Adams Oshiomole challenged the action in court and it was held that cancelled votes had no role to play in the election and should not have been counted for Prof. Osunbor or any party whatsoever. The court then deducted the votes and Adams Oshimole was declared the winner. When the cancelled votes in Osun are deducted from the total number of valid votes cast, Adeleke has, by operation of law, emerged the winner of the election in issue. What INEC Should Do in the Circumstance INEC should rescind its decision on the rerun and declare Adeleke the winner of the Osun State Election in view of the fact that the reason given by the Commission is not in sync with the provisions of the Constitution. INEC should pay attention to the language of the Constitution which provides that a candidate for an election to the office of Governor of a State shall be deemed to have been duly elected …. By this phrase, a legal event has already occurred; the Constitution has already deemed Adeleke winner of the election. INEC has no further say on this than to do the needful and call off the proposed rerun. Ekemini Udim is a lawyer and public affairs analyst. ekeminiudimforjustice@gmail.com I love your analysis but inconclusive is not new in Nigeria because during PDP regime they pass the law. let me remind you of Bayelsa(PDP vs APC), Kogi( APC vs PDP)and Abia(PDP vs APGA). in Kogi APC was leading by 43000plus but cancelled votes are 49000plus at end is inconclusive then their is law that backing it but now no law again don't let us be bias all of them should find way to gain more electorate for the rerun. |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by goodloving(m): 9:14pm On Sep 24, 2018 |
ozekhomen is full turning the constitution upside down to suite his paymaster, it is non fact that he is PDP lawyer so what do you expect from him? he looking way to butter his bread by encouraging to to go to court so that he vamake quick cash. |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by centoke30(m): 11:06pm On Sep 24, 2018 |
Johnnyessensse: We all know PDP bought votes massively in Osun so you have foolishly curled up a name similar to the one we know Abi |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by Themandator: 11:35pm On Sep 24, 2018 |
Awol1: What is stopping PDP from going to court?
Because I'm not seeing this rerun in favour of PDP o PDP is already in court |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by Pennywise(m): 4:25am On Sep 25, 2018 |
Ozekhome should be told it is possible for a lawyer to make it in Nigeria and still be honest and respected like Afe Babalola. This greedy, corrupt SAN has no shame, no scrupple. He reasons only with his stomach |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by nurusystem(m): 5:58am On Sep 25, 2018 |
APC or PDP will win this game.....
I still prefer APC baba warrior and OsiBaba return 2019... |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by Nobody: 6:04am On Sep 25, 2018 |
Themandator:
PDP is already in court Lol. I just saw that |
Re: Osun Election: Why Adeleke Should Have Been Declared Winner – Ozekhome by GuntersChain(m): 6:37am On Sep 25, 2018 |
Adeboye pikin don talk wetin i hear. I don't know on what ground should apc be campaigning on. Sinking the country into debt further. Nothing to show for the past 3years. |