Friday, November 26, 2010

USA Africa Dialogue Series - Re: NigerianID | On the Little Matter of Aregbesola's Forgery Case {Re: [Naijaintellects] Re: STAR INFORMATION: Rauf Aregbesola is new Governor of Osun State; Oyinlola is Out, Says Appeal Court!

 
Toyin Adepoju:
 
I am not sure why you are sad at my response - although it may really be for other reasons not connected with my posting.
 
Please come with me:
 
1.  I stated that the investigation can continue.  Late Gani won that right for Nigerians...and I agree.
2.  The protection of immunity is a given, not set up by me.  I have written severally against it.
3.  I stated that I believe that the charge agains Aregbesola was trumped-up...follow the chronology of events closely.
3.  Finally, a charge of dishonesty is NOT a declaration of guilt - innocence until proven guilty is a cardinal point of modern jurisprudence.  So what is the problem there?
 
So please brighten up Toyin - for my sake.
 
 
 
Bolaji Aluko

On Fri, Nov 26, 2010 at 11:57 AM, toyin adepoju <toyin.adepoju@googlemail.com> wrote:
Rather sad response from Aluko. Very limited partisan thinking.
The question is-What happens to the need to investigate the forgery charge against Aragbesola?
Should our satisfaction over this victory lead us to forget the charge of dishonesty against the victor?

thanks
toyin


On 26 November 2010 16:50, Mobolaji ALUKO <alukome@gmail.com> wrote:
 

 
 
Elombah Daniel:
 
So as far as you know, Aregbesola is as bad as Oyinlola?
 
Wonders will never cease....
 
Oh well, on a more serious note, Aregbesola's immunity will commence tomorrow, I believe, November 27, 2010,  courtesy of the 1999 Constitution. The full trial of the case that you mentioned was supposed to start on November 29, 2010.
 
So while late Fawehinmi won a continuation of investigation case under immunity, the case in court that you mentioned can return in full force only after four - or possibly eight - years of Rauf Aregbesola as Governor of Osun State.
 
Talk of being saved by the judicial bell in this case! :-)
 
I can assure you that there was some trump-up-ed-ness in the accusation - but I ain't the judge in the case - and no one has contacted me by text-messaging.
 
And there you have it.
 
 
 
Bolaji Aluko
Shaking his head
 
 

Forgery: Police line up witnesses against Aregbesola

Friday, 12 November 2010 00:00 Joshua Dada
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Joshua Dada, Osogbo

SIX key witnesses have been lined up by the Nigeria Police Force (NPF) for the trial of the Action Congress of Nigeria (ACN) governorship candidate in Osun State, Rauf Aregbesola, and one of his lawyers over an alleged forgery of a police document. The full trial starts on November 29, 2010.

The prosecution witnesses include judicial workers and police officers who have all filed their statements on oath at the registry of the Federal Capital Territory (FCT) High Court in Abuja.

The judicial officers are those who had, at various points, been in custody of the fake document in the course of their official engagements at the tribunal of first instance and at the Court of Appeal.

It was gathered that police authorities are not taking the case with levity going by the fact that those who forged the document alleged that it emanated from the office of the Inspector-General of Police.

The Security Report, allegedly written by the police, was one of the fulcrum upon which the Court of Appeal, sitting in Ibadan on March 30, 2009, ordered for a re-trial of the election petition because it was rejected by the tribunal.

After the Appeal Court judgement, Oyinlola, in a letter with reference No EG/OS/ABJ/123 dated April 1, 2009, to the then Inspector-General of Police, Mr Mike Okiro, sought the release of the author of the report to give evidence whenever the retrial started.

However, Okiro, in a reply to the letter, said that "the purported Final Security Report did not emanate from 'B' Department (Operations) of the Nigeria Police Force."

According to the Inspector-General of Police (IGP), the security report, which the AC candidate submitted as evidence, was a fake document as the purported police officer who signed the document was not a member of the Nigeria Police Force.

The IGP, while stating five reasons why the report was fake, said: "The report is fake as it does not reflect the style of police intelligence report. The letter head used by the author is forged, the reference No CL2341 reflected on the report does not exist in Nigeria Police Policy files. CSP Ahmed Mohammed, who signed the report and DSP Odiga Ame. J, who purportedly certified the report, are not members of the Nigeria Police Force."

Okiro continued: "In this regard, therefore, I am not in a position to oblige the appearance of the author at the tribunal when the retrial comes up."

In October, 2007, Aregbesola's counsel, Mr. Kola Awodein (SAN), had prayed the tribunal to issue a subpoena to bring Mohammed, the author of the report, to tender it before the tribunal.

The subpoena was issued but up till May 15, 2008 when Awodein himself tendered the report before the tribunal, the said author was not brought to the tribunal by the AC.

Before the fake police report was tendered at the Justice Thomas Naron-led tribunal by Aregbesola's lawyer, it was first published by the AC in the March 10, 2008, edition of The News Magazine and on Page 30 of The Nation edition of Monday, June 23, 2008, respectively.



On Fri, Nov 26, 2010 at 11:38 AM, elombah daniel <elsdaniel@yahoo.com> wrote:
While we are at it. I thought Engr Raufu Aregbesola was once accused of forging the police report to support his evidence. Can someone pls confirm the status of the accusation. #There's no difference between 6 and half a dozen

Osun forgery scam: Aregbesola loses case against police, others - Compass

EFFORTS by the Osun State governorship candidate of the Action Congress (AC) in the 2007 elections, Rauf Aregbesola, to stop the police from inviting him... for questioning over the alleged forgery of a police report, failed yesterday.
A Federal High Court, sitting in Lagos, dismissed his suit.
Justice Akinjide Ajakaiye said he could not bar the police from performing their constitutional duties of arresting or investigating a suspect.
Aregbesola had instituted a N20 billion fundamental human rights enforcement suit against the police and the state government after he was accused by the immediate past Inspector-General of Police (IGP), Mike Okiro, of forging a security report to prosecute his case at the election petitions tribunal in Osun State.
Dismissing the case, Justice Ajakaiye, however, warned that Aregbesola must not be impeded from prosecuting his petition against the victory of Governor Olagunsoye Oyinlola at the tribunal sitting in Osogbo, the state capital.
He further held that the fear of an arrest in respect of an investigation concerning an offence could not be said to be a violation of Aregbesola's fundamental human rights.
The court further said that the constitution and the Police Act empowered the police to invite, or arrest anyone alleged to have committed any offence.
"It is my view that it is within the powers of the police to so invite the applicant, if they so wish to invite him for questioning, in respect of an alleged crime. The provision of the law governing the alleged offence must be adhered to in carrying out the investigation," Justice Ajakaiye ruled.
Aregbesola had sued the IGP, the Osun State Commissioner of Police, the Justice Minister and Attorney-General of the Federation, the state government, its Attorney-General and the Lagos State Commissioner of Police, claiming infringement of his fundamental human rights to freedom as guaranteed under Section 35 of the 1999 Constitution.
Apart from seeking an order restraining the police from arresting him, Aregbesola is also seeking an order of the court to restrain the Osun State Government from arresting him in connection with the bomb blast that rocked the State Secretariat Complex, Abeere on July 14, 2007.
While arguing the matter in court, counsel to the applicant, Deji Sasegbon (SAN), maintained that the suit was informed by the various publications where the respondents threatened to arrest his client over the alleged forged police document.
He further contended that the counter-affidavit of the respondents was predicated on the 2008 Fundamental Human Rights Enforcement Procedure Rules.
The counsel also argued that the respondents came under the wrong rules, insisting that the only Fundamental Human Rights Enforcement Rules in the country was that of 1979.
Sasegbon said that the first, third and sixth respondents (the IGP, the Justice Minister and the Lagos State Police Commissioner) admitted all the facts in the application by not filing any processes to challenge the suit.
He argued further that the counsel, who represented the Osun State Government, the state Police Commissioner and the Attorney-General did not make an appearance for all the respondents.
Replying, the respondents' counsel, Nathaniel Oke (SAN), said, even if an application was brought under the wrong law, the court was entitled to look into the merit of the application.
He contended that Aregbesola's suit was a pure abuse of court process on the ground that the applicant neither enjoys constitutional, or statutory immunity against arrest by the police for the purpose of being interrogated in respect of an alleged crime.
According to Oke, if everybody alleged to have committed an offence would run to the court to stop investigation by the law enforcement agencies, then the country is in serious trouble.
He urged the court not to cripple the powers conferred on the police by the constitution in inviting the applicant, and appealed to the judge to dismiss the application with substantial cost.
 
Daniel Elombah
Publisher:
www.elombah.com
(A Nigerian Perspective on world affairs)

 



From: Mobolaji ALUKO <alukome@gmail.com>
To: USAAfrica Dialogue <USAAfricaDialogue@googlegroups.com>; "nigerianid@yahoogroups.com" <nigerianID@yahoogroups.com>; NaijaPolitics e-Group <NaijaPolitics@yahoogroups.com>; OmoOdua <OmoOdua@yahoogroups.com>; ekiti ekitigroups <ekitipanupo@yahoogroups.com>; Ekiti peoples voice Ekiti peoples voice <ekitipeoplesvoice@yahoogroups.com>; naijaintellects <naijaintellects@googlegroups.com>; Naija Elections <naijaelections@yahoogroups.com>
Sent: Fri, November 26, 2010 3:51:59 PM
Subject: [Naijaintellects] STAR INFORMATION: Rauf Aregbesola is new Governor of Osun State; Oyinlola is Out, Says Appeal Court!

 
image

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 Olujobi
SSA (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 - 14:21
Posted by siteadmin
 
By SaharaReporters, New York

Jubilation 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 COMMENTARY
 
Today, 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 Aluko
Definitely Elated
 
________________________________________________________________________________________________
 
 
 
 
FROM THE ARCHIVES
 

Kalejaye 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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