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Appeal Court Set Up Justice Mohammad Sanwalu , 4 Others As Panel To Rule Over Osun Election

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6 years ago

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2022: Oyetola re-election Campaign Council urges EFCC to investigate Adeleke, PDP over voters' inducement

Interestingly, the last might not have been  heard in the Osun governorship election as Gboyega Oyetola and Ademola Adeleke, the two principal contenders in that election, approach the Court of Appeal for solace. LATEEF DADA reports on the litigation.

Without mincing words, the governor of Osun state, Mr Gboyega Oyetola and his arc-rival in the September 22, 2018 governorship election, Senator Ademola Adeleke of the Peoples Democratic Party, (PDP) are presently in tension following the unfavourable judgment of the election petition tribunal and the Bwari High Court, Abuja.

Exactly six months after the gubernatorial election, the election petition tribunal sitting in Apo, Abuja, on March 22, 2019, delivered judgment in favour of Adeleke, directing that the certificate of return be withdrawn from Oyetola while a new certificate should be issued to Adeleke immediately.

Apparently shocked by the pronouncement of the tribunal, some groups, allegedly sponsored by the state government, stormed Oshogbo, the capital of Osun state to protest the judgment of the tribunal that nullified the election of Oyetola.

Later, Oyetola went to challenge the judgment of the tribunal at the appellate court, praying the court to upturn the decision of the majority judgment of the tribunal.

In a 39-ground notice of appeal filed on March 26, 2019 by his team of lawyers led by Wole Olanipekun (SAN), Oyetola faulted the majority judgment of Justices Peter Obiora and Anyinla Gbolagunte on the grounds that it was perverse, replete with contradictions and not supported by evidence led by the petitioners.

Oyetola prayed the Court of Appeal to uphold his appeal, set aside the majority judgment and dismiss the October 16, 2018 petition by PDP and Adeleke.

Oyetola argued that the tribunal was wrong to have declared Adeleke winner of the election held on September 22 and 27, 2018 on ground of non-compliance rather than ordering a rerun election, noting that, not only did the decision disenfranchise the electorate in the affected polling units, it violated the provision of Section 140 (2) of the Electoral Act.

He said his complaint, in the appeal, was against the entire majority judgment, except where the tribunal held that it lacked jurisdiction to set aside INEC Guidelines; that the allegation of over-voting was not proved; that the petitioners did not prove voided votes and other parts of the judgment where the tribunal agreed with their arguments.

Oyetola is contending, in his first ground of appeal, that the entirety of the majority judgment is a nullity because it was written and delivered by Justice Obiora whom he said, “Did not participate in all the proceedings of the tribunal and who was not present when all the witnesses gave evidence.”

After 11 days that the tribunal declared Adeleke winner of the Osun election, Justice Othman Musa of an Abuja High Court, sitting in Bwari Area Council, nullified the nomination of Senator Adeleke as candidate of the PDP in the September 22, 2018 governorship election. Two chieftains of the APC: Wahab Raheem and Adam Habeeb, had in 2018 barely few days to the governorship election, dragged Adeleke to court, alleging that he did not possess the requisite educational qualification (secondary school certificate) to contest for the office of the governor.

They urged the court to disqualify Adeleke from participating in the September 22 governorship election and the court subsequently granted the order on the grounds that Adeleke offended section 177 of the 1999 Constitution which stipulates that candidates for the position of governor must be educated up to secondary school level.

Shortly after the judgment, the Ademola Adeleke Campaign Organisation, who had earlier lauded the judgment, faulted the disqualification of Adeleke’s candidacy by the Bwari court. The group in a statement by its spokesperson, Mr Niyi Owolade, noted that the issue had been settled by two high courts, describing the Bwari judgment as shocking.

The group said, “First of all, the matter in question has been addressed by two high court rulings affirming that in the face of the constitution, Senator Ademola Adeleke is qualified to run for the governorship. The two rulings delivered in September 2018 held that Adeleke satisfied requirement of the law to contest for office. It is trite in law that once a court of coordinate jurisdiction has ruled on a matter, a court of similar jurisdiction cannot entertain it.”

Now that the two major rival are making serious efforts to get free of restraints, the incumbent governor, Oyetola, must do everything legally possible to make sure that the appellate court upturn the nullification of his election by the tribunal, while his arc-rival, Adeleke must put up a legal battle to win the two appeal court. He needs the court of appeal in Akure, Ondo state, to uphold the tribunal judgment that declared him winner, and the Court of Appeal in Abuja, to dismiss the Bwari judgment that disqualified his candidacy.

As the battle was on, victory came the way of Adeleke in one of the pending suits against his eligibility to contest the governorship election. On Saturday April 6, a Court of Appeal sitting in Akure, Ondo state, affirmed the eligibility of Adeleke to contest, contrary to the judgment of the Justice David Oladimeji of Osogbo High court. The court dismissed the appeal filed against the judgment of Osun state High court in Osogbo that had earlier affirmed that Adeleke is eligible to contest election as governor.

With the dissenting judgment by the chairman of the tribunal, Justice Muhammad Sirajo, the duo of Oyetola and Adeleke have to wait for the appeal to decide whether to uphold the majority judgment or the minority judgment. Justice Sirajo, in a dissenting view on the judgment said, “I have the privilege of reading in draft the majority judgment of the tribunal just delivered by my learned brother, Justice Peter Obiorah.

“Even though I participated actively and contributed immensely by writing some portions of the judgment just delivered, I disagreed with the decisions and conclusions reached by my learned brothers with regards to the allegation of non-compliance with the provision of Electoral Act, particularly, the allegation of non-recording.

A former Attorney General in Osun state, Mr Niyi Owolade, maintained that the majority judgment is on the side of the law, saying that the alterations in form EC8A is substantial enough to accept that the election was rigged in favour of Oyetola.

The question people are asking however is if there will be another re-run in Osun state. The September 27 governorship re-run was widely condemned by national and international observers including the media because it was characterised by violence.

Will the appeal upturn the judgment of the tribunal and declare Oyetola as substantive winner of the election without taking note of the irregularities pointed out by the tribunal? The PDP has the right to go to Supreme Court. What if the appeal upholds the judgment of the tribunal and declare Adeleke winner? The certificate scandal may prevent Adeleke from taking over. All these, investigation reveal will unfold in a matter of days.

However, in a chat with Blueprint, a lawyer, Mr Femi Ayandokun, explained that the second runner up of Adeleke at the primary, Dr Akin Ogunbiyi, who was alleged to be a mole to Senator Bola Tinubu, will take over. How that will unfold is what everyone is waiting to see.

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Sahara weekly online is published by First Sahara weekly international. contact [email protected]

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religion

Prophecy for 2025: A Year of Vengeance, Harvest, and Divine Shifts By Pro. Kingsley Aitafo

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1 day ago

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December 21, 2024

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Prophet Kingsley Aitafo's Prophecy Fulfilled: Alhaji Muyideen Bello Passes Away

Prophecy for 2025: A Year of Vengeance, Harvest, and Divine Shifts By Pro. Kingsley Aitafo

 

 

Sahara Weekly Reports That Prophet Kingsley Aitafo, under the grace and spiritual leadership of His Eminence Rev. Pastor Samuel Belehou Oshoffa, founder of the Celestial Church of Christ, has unveiled 25 prophecies for the year 2025. These revelations call for vigilance, prayer, and alignment with divine purpose. Below is the detailed list of the prophecies:

 

 

1. A Year of Divine Justice

2025 will be a year of vengeance upon the wicked and a season of abundant harvest for the righteous. This is a time for reflection and spiritual alignment.

 

2. Weather Disasters to Pray Against

The world must unite in prayers against severe weather disasters, including excessive winds, water overflow, floods, earthquakes, and tsunamis. These natural calamities threaten to disrupt lives and properties globally.

 

3. A Major Technological Advancement

WhatsApp is predicted to receive a significant upgrade, potentially integrating email functionalities. This innovation will redefine digital communication.

 

4. Nigeria’s National Football Team

The Nigerian national football team should be prayed for, as a painful defeat could occur.

 

5. A Great Man of God in Danger

One of the most celebrated men of God is at risk of sudden death. Prayers are needed to avert this tragedy.

 

6. Sunday Igboho

The activist should be prayed for to avoid heart-touching news that could cause widespread concern.

 

7. Nnamdi Kanu

Freedom is within reach for Nnamdi Kanu, but prayers are needed to ensure he lives to see it.

 

8. Fire Disasters Worldwide

Serious fire disasters are foreseen and must be prayed against to protect lives and properties globally.

 

9. NYSC and PHCN Reforms

The National Youth Service Corps (NYSC) and the Power Holding Company of Nigeria (PHCN) will be empowered and reshuffled for greater effectiveness.

 

10. Global Police Forces

The police worldwide are warned of potential brutal revolts from the masses. Prayers are needed to prevent such events.

 

11. African Nations and Coups

Several African countries are advised to pray against unexpected coup plots.

 

12. Goodluck Jonathan’s Political Path

Former President Goodluck Jonathan is encouraged to follow God’s leading and refrain from contesting future elections.

 

13. Changes in EFCC

The Economic and Financial Crimes Commission (EFCC) will be more empowered, but significant transformations will occur within the agency.

 

14. Passing of Aged Leaders

Several aged ex-presidents, traditional rulers, and military leaders will pass on in 2025.

 

15. New Religious Leaders

New leaders will emerge in white garment denominations and the Catholic Church, marking significant transitions.

 

16. Churches in Danger of Scandals

Great churches like RCCG, Winners Chapel, Christ Embassy, Mountain of Fire, and COZA are urged to pray against confusion and scandals that could lead to divisions.

 

17. Exposure of False Churches

Churches that operate under the guise of Christ without genuine faith will be exposed.

 

18. Protection of Yoruba Entertainers

Yoruba actors and actresses should pray against strange illnesses, while English-speaking entertainers must pray against sudden deaths.

 

19. Plane Crashes

A major plane crash could occur, causing widespread pain. Prayers are needed to prevent this disaster.

 

20. National Unity in Nigeria

Despite ongoing agitations, Nigeria will remain undivided.

 

21. The Monarch and Pope’s Seat

Prayers are required to prevent sudden vacancies in the monarchy of England and the papal seat.

 

22. Deadly Disease and Global Conflict

A new, more deadly ailment than COVID-19 and the potential of a mini-war loom on the horizon. The world must unite in prayer to avert these crises.

 

23. Rising of True Last-Day Churches

The emergence of last-day churches will bring forth spiritual giants and miraculous powers reminiscent of the apostles of old.

 

24. Business Tycoons in Nigeria

Successful Nigerian business magnates should seek divine protection against untimely death.

 

25. Christ’s Return is Near

Finally, Prophet Kingsley reminds the world that the return of Jesus Christ is near. Embracing holiness and righteousness is the only path to prepare for His coming.

 

Prophet Kingsley’s prophecies serve as a divine reminder for individuals, nations, and institutions to seek God’s guidance and protection. Let 2025 be a year of faith, reflection, and readiness for what lies ahead.

 

Let us watch, pray, and align with God’s will.

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Politics

Peter Obi Offers to Fulfill Bail Conditions for Dele Farotimi, Advocates Justice

Published

2 days ago

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December 20, 2024

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Peter Obi Offers to Fulfill Bail Conditions for Dele Farotimi, Advocates Justice

Peter Obi Offers to Fulfill Bail Conditions for Dele Farotimi, Advocates Justice

The global coordinator of the Obidient Movement has announced that Peter Obi, former presidential candidate and leader of the movement, has stepped forward to fulfill the bail conditions for human rights lawyer Dele Farotimi.

Farotimi, a prominent activist known for his bold stance against systemic issues in Nigeria, was recently granted ₦30 million bail by a Federal High Court following charges filed against him. The case has attracted significant public attention, with widespread support for Farotimi from various quarters.

In a statement, the Coordinator revealed that Obi expressed his gratitude to the judiciary and all stakeholders involved in the legal process. The former presidential candidate emphasized the importance of fairness, transparency, and the rule of law in resolving the matter.

The Obidient Movement, known for championing justice and accountability, has remained vocal in its support for Farotimi. The group reiterated its commitment to upholding the principles of justice and transparency in Nigeria’s judicial system.

The next hearing in Farotimi’s case is scheduled for January 2025, with supporters hopeful for a resolution that upholds the integrity of the legal process.

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Politics

Breaking: Speaker Obasa Debunks Allegation Of Spending N17b On Assembly Gate

Published

3 days ago

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December 19, 2024

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Breaking: Speaker Obasa Debunks Allegation Of Spending N17b On Assembly Gate

Breaking: Speaker Obasa Debunks Allegation Of Spending N17b On Assembly Gate

 

The Speaker of the Lagos State House of Assembly, Rt. Hon. Mudashiru Obasa, on Thursday described the allegation that the House spent N17 billion on the fixing of a gate as spurious and funny.

Breaking: Speaker Obasa Debunks Allegation Of Spending N17b On Assembly Gate

A self-proclaimed group, Lagos State Anti-Corruption Coalition, had accused the Assembly of spending the amount to construct a gate. The group also sought investigation of the claim.

Speaking at plenary, Dr. Obasa said the allegation stemmed from the fear of some people over 2027 which is still more than two years away.

Obasa further debunked the claim that the House spent N200 million on its recently organised 22nd thanksgiving service for staff.

“It is so funny. How much is the allocation of the Assembly in the whole year that we will decide to spend N17 billion on a gate? They even claimed that we expended 200 million on thanksgiving that did not hold.

“We are aware that at a period like this when we are approaching elections in 2027, we should expect such things. I think some people are scared and I don’t know why.

“This House did not and has not embarked on any such project. We are not that reckless. We had our thanksgiving last Friday and dignitaries from various parts of the State attended it,” the Speaker said.

Addressing further claims by the group about the alleged relationship between him and the chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, the Speaker denied attending the latter’s screening and confirmation by the National Assembly.

“They said that I was at the National Assembly when they were confirming the EFCC chairman. I want to believe that there are CCTV cameras at the National Assembly to identify those who attended the event. The press must have written about it too. So the group should do more to confirm if I was there.

“This is just to deny the allegations in the interest of the public and not the writers because the writers are not those we should be joining words with,” the Speaker said.

Earlier, the House, through its spokesperson, Hon. Stephen Ogundipe, had addressed the allegations noting that the Assembly bases its activities on integrity, transparency and accountability.

“It is ludicrous the claim about constituency intervention funds and constituency project funds and their handling by Speaker Mudashiru Obasa and Clerk of the House, Barr. Olalekan Onafeko as claimed by the group.

“One would have expected a self-acclaimed anti-corruption crusading group to do its groundwork before jumping across the fence with conviction that it hit a jackpot to malign an institution of repute in the name of politics.

“Simply put, the Lagos State House of Assembly does not have any such funds. The Assembly does not embark on constituency projects. Instead, once every year, the House holds stakeholders’ meetings simultaneously across the state where constituents have the opportunity to tell the lawmakers their expectations and make requests for the betterment of the state.

“These requests and expectations are compiled and sent to the executive arm of government for consideration as inputs in subsequent budgets. If this is what the group takes as constituency intervention or project funds, we are sure this explanation has given the required education, moreover, it is common knowledge that it is the responsibility of the Executive arm to execute such projects,” the earlier statement by Ogundipe read.

Eromosele Ebhomele
Chief Press Secretary to the Speaker of the Lagos State House of Assembly.

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