No Legal Impediment To Declaration of Aregbesola as Osun Gubernatorial Winner
• In Ife Central is the 9 out of 11 Form EC8B (Exhibit 97(1 – 11)) was signed by one Alhaji S.O.A. Nofiu a PDP chieftain.
• In Odo Otin Oyinlola's Local Government Exhibit 217 tendered by the Appellants and Exhibit R18 tendered by the Respondents which are the certified true copies of EC8A the primary results of election were blank, some were not signed nor stamped by the Presiding Officers as required by the Election Manual.
• In Isokan It was also established by the Appellants through the Respondents' witness in the person of Abioye Makinde (RW44), a commissioner in the cabinet of Oyinlola, that no credible election took place in the local government as was exposed by the witness who claimed to have signed the Local Government result for PDP only to be confronted with Exhibit 142, the EC8C, which is the same result he claimed to have signed but was discovered to have been signed by another person.
• In Boripe the situation was grim as there was no voters' registers produced by INEC for 7 wards out of 11 in the local government, also there were no EC8A produce for most of the wards in the Local government. Also it is in Boripe that PDP has a greater number of votes allocated to it on the EC8D (Exhibit 92(1)) with a figure of 14,497 above the total number of registered voters on the same Exhibit 92(1) which is 12,631 for the Local government.
• In Ife East, Ife South, Ayedaade as well as in other of the remaining 7 Local Government a great deal of discrepancies were discovered as ballot papers tendered and counted in the open court shows clear discrepancies cutting across wards in the 10 Local Government in contrast with the results recorded on available result sheets
The expert evidence were even grim as it was discovered that multiple thumb printing was done in favour of Oyinlola and even the expert called by Oyinlola gave contradictory evidence which clearly supports the nullification of result in the 10 Local Government Areas.
With the nullification of the unlawful votes in the 10 Local Governments it is clear that Engr. Rauf Aregbesola has majority of lawful votes cast in the remaining 20 Local Governments as well as fulfilled the Constitutional spread required having scored a quarter (1/4) of votes cast in 2/3 (two-third) of the LGA in Osun State.
The Court of Appeal in declaring Adams Oshiomole as lawfully elected governor of Edo State nullified elections in some Local Government and resorted to the remaining lawful votes to declare him the winner and in calculating the constitutional requirement the Court of Appeal dispensed with the nullified votes and calculated the constitutional requirement on the basis of the remaining lawful votes, however in Aregbesola's case, his chances is brighter having satisfied the constitutional spread required in the remaining 20 Local Government.
It appears that Mr Odanye a supposed Legal Practitioner cum politician is even ignorant of recent developments in electoral litigation as for instance the recent decision in the case of Great Ogboru v. Uduaghan where the Court of Appeal and the Tribunal nullified in all election in 14 out of the 25 local Governments in Delta State. The Court of Appeal, in nullifying the election, held at page 54 of the unreported judgment as follows:
"…Having expunged those exhibits and the photocopies of the temporary voters' cards in respect of the eleven Local Government Areas above, the implication is that the third respondent did not prove the conduct of elections in the said eleven Local Government Areas. The Tribunal had cancelled the results in three Local Government Areas where elections were inconclusive. That means that the non compliance affected fourteen out of twenty five local Government Areas in Delta State. In plain terms, the voters in these fourteen Local government Areas were disenfranchised because of the non compliance with the Act. This, in our view, amounted to substantial non-compliance that vitiated the entire exercise."
The Court of Appeal in the Uduaghan's case deprecated a situation which is similar to that of Oyinlola's occupation of the government house in Oke Fia when the Court of Appeal stated admirably in furtherance of the democratic aspiration of Nigeria in the judgment at page 54 as follows:
"…It is unfortunate that the law would permit this sort of anomalous situation: an unfortunate situation where a man who usurped the sacred mandate of the people would be allowed to fritter away their common patrimony without their due authorisation that should come through free and fair elections where the said electorate, in whom sovereignty resides in a democracy, are afforded the opportunity of exercising their franchise. It is arguable whether this state of affairs would be permitted to endure in other civilized jurisdiction!"
Rather than following the puerile mischief of Tunde Odanye and his cohorts one pray that the judiciary will summon the courage to declare Engr. Rauf Aregbesola the lawful winner of the most litigated election of April 14, 2007.
Signed
Mutiu Olaoye
Barrister & Solicitors of Nigeria
Lagos.
Kalejaye gate Is An Albatross On Oyinlola's Neck
The ballot papers are in the following categories:
a. 41 per cent of the 224,695 ballot papers used to declare Governor Oyinlola as winner by INEC were product of incontestable multiple thumb-printing;
b. Ballot papers meant for Ondo State not only questionably found their ways into Osun State but were indeed part of the 426,669 votes credited for the stolen Governor of Osun State;
c. 113,311 ballot papers used to declare Oyinlola by INEC in 10 Local Governments were not supplied by INEC on the Schedule of Distribution of Ballot Papers (Form EC40c/EC25 it release officially. They were completely alien to Osun State;
d. 88,092 ballot papers used to declare Oyinlola were those obtained from split ballot papers used in clear contravention of the Electoral Law, 2006;
e. The forensic examination also revealed that 117,439 ballot papers from the 10 Local Governments that we are challenging were product of ballot box stuffing;
f. Why was Kalejaye, the lead Counsel to Governor Oyinlola calling the Chairman of the Tribunal and other panel members in clear violation of the law?
OSUN STATE GOVERNOR ELECT, ENGINEER RAUF AREGBESOLA.
*Press Release from the Office of the Governor of Ekiti State
*Jubilation And Skirmishes As Rauf Aregbesola Declared Governor of Osun State; Supreme Court Gives Corrupt Ruling On Sokoto
*Osun Judgement Strikes Final Blow To Election Riggers - ACN
*Aluko Commentary
*From the Archives: Kalejaye gate Is An Albatross On Oyinlola's Neck - by Gbenga Fayemiwo
QUOTE
The ballot papers are in the following categories:
a. 41 per cent of the 224,695 ballot papers used to declare Governor Oyinlola as winner by INEC were product of incontestable multiple thumb-printing;
b. Ballot papers meant for Ondo State not only questionably found their ways into Osun State but were indeed part of the 426,669 votes credited for the stolen Governor of Osun State;
c. 113,311 ballot papers used to declare Oyinlola by INEC in 10 Local Governments were not supplied by INEC on the Schedule of Distribution of Ballot Papers (Form EC40c/EC25) it released officially. They were completely alien to Osun State;
d. 88,092 ballot papers used to declare Oyinlola were those obtained from split ballot papers used in clear contravention of the Electoral Law, 2006;
e. The forensic examination also revealed that 117,439 ballot papers from the 10 Local Governments that we are challenging were product of ballot box stuffing;
f. Why was Kalejaye, the lead Counsel to Governor Oyinlola calling the Chairman of the Tribunal and other panel members in clear violation of the law?
UNQUOTE
Haba!
________________________________________________________________________________________________
Press Release from the Office of the Governor of Ekiti State
Governor Kayode Fayemi of Ekiti State has reacted to the victory of Governor Rauf Aregbesola of Osun State at the court of Appeal, Ibadan, Oyo State.
In a statement by Wole Olujobi SSA (Speech and Public Communications to the Governor) the Governor said the victory of Governor Aregbesola is a victory for democracy and rule of law."It is a victory for tenacity and perseverance of the people of Osun State. Once again, the judiciary has displayed an uncommon courage that it is the rule of law that governs this country and not the rule of men"The judiciary has shown the world again that Nigeria is a country where premium is placed on the rule of law as a principle that governs our conduct and businesses of government."This victory is for all Nigerians who believe in and cherish justice. it is on victory that has implications for the way we conduct ourselves in electoral process in this country. it is also a victory for one man one vote as a pillar of electoral contest."
Wole OlujobiSSA (Speech and Public Communication to the Governor)._______________________________________________________________________________________________Jubilation And Skirmishes As Rauf Aregbesola Declared Governor of Osun State; Supreme Court Gives Corrupt Ruling On Sokoto
Posted: November 26, 2010 - 14:21Posted by siteadminBy SaharaReporters, New YorkJubilation has broken out in the Osun State capital of Osogbo and throughout the state seconds after an electoral appeal tribunal sitting in Ibadan, capital of Oyo State, declared Rauf Aregbesola as the legitimate winner of the 2007 gubernatorial election in Osun.
There were also reports of skirmishes between supporters of Rauf Aregbesola and those of deposed PDP governor, Olagunsoye Oyinlola, in Ikirun and parts of Ile-Ife.
The panel ordered the Independent National Electoral Commission to issue a certificate to Mr. Aregbesola as the duly elected governor. Declaring current Governor Olagunsoye Oyinlola of the PDP as an impostor, the appellate tribunal ordered his immediate vacation of office.
"It's a glorious day for the judiciary," exclaimed a lawyer who was in the court premises in Ibadan. As the lawyer spoke to Saharareporters, his voice was nearly drowned out by the songs and ululations of a crowd in the background.
Mr. Oyinlola's removal marks another major setback for the PDP and former President Olusegun Obasanjo who in 2007 orchestrated one of the most shocking electoral hijacks in Nigeria's history.
Mr. Aregbesola will now serve for four years as governor of Osun.
Meanwhile, the Nigerian Supreme Court brought shame on itself and tainted the image of the judiciary with its ruling on an appeal before it over the planned ruling of the Court of Appeal deciding the governorship election in Sokoto State.
The apex court ruled that the appellate tribunal could not proceed with handing down its verdict in the case.
Saharareporters had documented how incumbent Governor Wamakko of Sokoto and his lawyers had induced Chief Justice Aloysius Katsina-Alu to intervene in the case in order to save Mr. Wamakko's fraudulently acquired post.
The Supreme Court's ruling drew instant condemnation from lawyers. One lawyer told Saharareporters that the apex court's judgment, which struck out a case in the Court of Appeal where a final ruling had not been rendered, "was a first in the history of the judiciary in this country." Another lawyer described the court's ruling as "the worst form of judicial rascality by justices of the Supreme Court that I have ever seen." Yet another lawyer, a senior advocate, said, "The Supreme Court's ruling amounts to abortion of a full term pregnancy," adding, "it is judicial murder."
___________________________________________________________________________________________http://thewillnigeria.com/politics/6695-Osun-Judgement-Strikes-Final-Blow-Election-Riggers---ACN.html
Osun Judgement Strikes Final Blow To Election Riggers - ACN
SAINT MUGAGA 26/11/2010 05:58:00
PHOTO: OSUN STATE GOVERNOR ELECT, ENGINEER RAUF AREGBESOLA.
ABUJA, Nov 26, (THEWILL) - The Action Congress of Nigeria (ACN) today said the judgement of the Court of Appeal on the Osun gubernatorial election has struck a final, deadly blow against election riggers, who must now be consigned into where they belong - the dustbin of history.
In a statement issued in Lagos by its National Publicity Secretary, Alhaji Lai Mohammed, the party said its victory is particularly sweet music for all democrats, who have continued to fight to wrest Nigeria from the deadly cabal of election riggers, who have made Osun state their base.
''Osun, under the grip of the electoral marauders, became a euphemism for election rigging with bravado. Even with a questionable mandate, they carried on as if they were indeed elected by the people of the state. Osun lost more people to the 2007 elections than any other state. Dislodging the marauders, therefore, is a succour of sorts to the families of those who were killed in the process of what will rank among the worst cases of electoral brigandage in our country's history.
''We also recall that the marauders in Osun provided the men and material for the rigging of the gubernatorial re-run in Ekiti.
"At a stage, they even resorted to the use of police helicopter to ferry their generals and their arsenals to Ekiti to further terrorize the people of the state.
''Now, the forces of evil and darkness have finally lost their grip. It is a good opportunity for Nigerians to use the chance presented by next year's general elections to send the marauders cascading down the bottomless pit of shame and oblivion,'' it said.
ACN thanked the judiciary for putting an end to the long-running case on electoral brigandage in Osun, and for once again giving hope to Nigerians who, at times, wondered whether the forces of evil can be defeated, due to their sheer bravado.
''Nigerians should now know that even if a lie travels at the speed of sound for one thousand years, truth will eventually catch up with it. This is a lesson for them never to give up in the pursuit of justice, as long as they believe their cause is just. It is also a great confirmation that our country, Nigeria, is indeed redeemable and can indeed be extricated from the stranglehold of the rapacious cabal of election riggers.
''We know that at a stage during the battle to regain our mandate, many questioned the rationale of expending so much time, energy and resources on what they considered a lost cause. But our victory today has proved that no amount of money is too much to spend in the pursuit of justice,'' the party said.
It also commended the media for keeping the issue on the front burner, long after many have become weary from the antics of the marauders, and to all Nigerians for their moral support.
''In particular we thank our supporters, who waited patiently for this day. They remained unwavering, even after being subjected to the worst form of persecution and provocation. We salute them!,'' ACN said.
The party congratulated the good people of Osun, who will now have the opportunity, like their counterparts in the other states where ACN holds sway, to enjoy the long-awaited dividends of democracy.
____________________________________________________________________________________________ALUKO COMMENTARYToday, Friday November 26, 2011 is another gloriously blessed day in the annals of Nigeria, South-West Yorubaland and its immediate neighborhood, and for the ACN and its progressive sister Labour! With the unperturbed Lagos, we now have Ondo, Edo, Ekiti and Osun in progressive, with Delta to be resolved later in February 2011, Oyo and Ogun will be picked up in April 2011. Before you know it, the fever will jump across the Niger and the Benue - and a New Nigeria will be born, led by Western and Mid-Western Nigeria of the Great Awo, to the utter chagrin of Obasanjo!Yes o!This verdict was long coming. In fact, since the disclosure of the outrageous sub-rosa inside-court text-messaging between a judge Justice Thomas Damar Naron (and possibly other members of the tribunal) and Oyinlola's lawyer Kunle Kalejaiye (SAN), one wondered what else was left to the tattered case of Oyinlola.In recent months, the body language of Oyinlola also exhibited an "I don't care" attitude, with his golfing expeditions to South America and so on.Finally, this will put an end with immediate effect to the 2011 gubernatorial ambitions of Senator Iyiola Omisore. That matter alone will bring instant relief more to millions of PDP folk who have dreaded their inability to save the inevitability of his candidacy (apparently with royal blessing) in the forthcoming elections, than to the millions of others of silent Osun indigenes who had also been dreading the Omisore political machine.That machine has now stuttered to a stop under judicial hammer.Congratulations, fellow Engineer Rauf Aregbesola, new Governor of Osun State! Seeing ya' at Oke-Fia Government House, Osogbo soon and in the forthcoming four years!And there you have it.Bolaji AlukoDefinitely Elated________________________________________________________________________________________________FROM THE ARCHIVESKalejaye gate Is An Albatross On Oyinlola's Neck
IT is surprising that in spite of the revelation of criminal manipulation of the Osun State Election Petitions Tribunal particularly the one headed by the controversial Justice Thomas Damar Naron, allegedly carried out by Otunba Kunle Kalejaye (SAN), Governor Olagunsoye Oyinlola has neither shown remorse nor repentance.
The call logs of Governor Oyinlola, Kalejaye and Justice Thomas Naron published by TheNews magazine last month are too revealing and damning to the integrity of any administration. For Oyinlola to be pretending and carrying on as if nothing happened shows that his conscience is either dead or he lacks moral scruple to realise that the game is over for his inept administration.
In a twist of fate that Oyinlola is complaining that the Action Congress (AC) petitioned against the sleaze he committed. The unavoidable interpretation of Kalejayegate scandal leaves all rational thinkers with the conclusion that it was after the Justice Naron was obviously compromised by Oyinlola's legal team towards the end of last year that it rejected our application that the world renowned forensic expert, Mr. Adrian Forty be allowed to testify and give evidence in support of the scanning of ballot papers used for the last governorship poll.
IT remained the pattern since the end of last year till the compromised Tribunal refused to disqualify itself and ruled unjustly in favour of Oyinlola against Rauf Aregbesola without considering the mountain of evidence we presented before it.
Governor Oyinlola should realise that it is no longer possible for him to execute his agenda of compromising the judiciary as he did to that of Justice Thomas Naron. As we await the Court of Appeal to decisively deliver its verdict on the electoral malfeasance, vote robbery, murder of AC polling agents by agents of the Peoples Democratic Party (PDP) on April 14, 2007 elections day, we challenge Oyinlola to explain the source(s) of the following ballot papers used by the Independent National Electoral Commission (INEC) to rob Engineer Rauf Aregbesola of victory.
The ballot papers are in the following categories:a. 41 per cent of the 224,695 ballot papers used to declare Governor Oyinlola as winner by INEC were product of incontestable multiple thumb-printing;
b. Ballot papers meant for Ondo State not only questionably found their ways into Osun State but were indeed part of the 426,669 votes credited for the stolen Governor of Osun State;
c. 113,311 ballot papers used to declare Oyinlola by INEC in 10 Local Governments were not supplied by INEC on the Schedule of Distribution of Ballot Papers (Form EC40c/EC25 it release officially. They were completely alien to Osun State;
d. 88,092 ballot papers used to declare Oyinlola were those obtained from split ballot papers used in clear contravention of the Electoral Law, 2006;
e. The forensic examination also revealed that 117,439 ballot papers from the 10 Local Governments that we are challenging were product of ballot box stuffing;
f. Why was Kalejaye, the lead Counsel to Governor Oyinlola calling the Chairman of the Tribunal and other panel members in clear violation of the law?
OSUN Tribunal has been the only one all over the country to reject the scientifically proven forensic evidence which it had earlier ordered to be carried out. No one needs any soothsayer to deduce that a lot of water passed under the bridge of the Tribunal when it became hostile to the course of justice and waged a decisive war on evidence and facts.
Has Governor Oyinlola forgotten that throughout the sittings of the Naron Tribunal, his legal team objected to the subpoena issued on INEC to testify on the elections it conducted? Once the subpoena was brought before the Tribunal, Kalejaye and his comrades in judicial pervertion would object and the Tribunal will rule in their favour.
Kalejayegate scandal has established for posterity that when a Tribunal hides under legal technicality to reject vital evidences as Justice Naron has done in Osun State, the wheel of jurisprudence can no longer grind towards the final point of justice.
WHAT Governor Oyinlola secured on July 15, 2007 was judgement without justice. Kalejayegate scandal has confirmed our suspicion that the Tribunal was compromised and could not have been relied upon to do justice.
Governor Oyinlola must stop laying claims to his blood-soaked mandate and tell the whole world how he won his election in clear contravention of the Nigerian laws and universally accepted democratic practices. The people of Osun State voted for Rauf Aregbesola on April 14, 2007 as their Governor. The impostor should stop complaining that the people of Osun State are demanding justice which Oyinlola's criminal car gifts have not been able to avert.
Equally, we must let the whole world know that our witnesses have testified on how Governor Oyinlola personally snatched ballot boxes assisted by his aides in Oyan town, Odo-Otin Local Government on April 14, 2007 in clear violation of the Electoral Law, 2006 while his Commissioners including the incumbent Attorney-General, Mr. Niyi Owolade led thugs to disrupt the poll.
For Oyinlola to pretend and carry on as if all is well smacks of treason and commission of crimes against humanity. He must be checked and stopped in his track immediately. He must know that the Kalejayegate scandal; the totality of which proves that Oyinlola lost the 2007 election woefully is an albatross that cannot lead him to victory. He must prepare to face justice that cannot be procured as he did at the Osun Tribunal.
By GBENGA FAYEMIWO
_____________________________________________________________________________________________
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