Supreme Court dismisses Omisore’s suit against Aregbesola’s re-election

The Supreme Court on Wednesday dismissed an appeal filed by Sen. Iyiola Omisore, challenging the Court of Appeal’s judgment, which affirmed Gov. Rauf Aregbesola’s election victory in Osun. Omisore, the Peoples Democratic Party (PDP) governorship candidate in the election held on August 9, 2014, had challenged Aregbesola’s victory at the Election Petition Tribunal, and lost.

Omisore

He appealed against the tribunal’s judgement at the Appeal Court but lost again as the court upheld the tribunal verdict. Not satisfied, Omisore approach the Supreme Court to set aside the Appeal Court’s judgement, claiming that there was miscarriage of justice in the process. But the apex court’s panel of seven justices, in its judgement read by Justice Centus Nweze, held that Omisore’s appeal was devoid of merit and dismissed it entirely.

The court in the unanimous judgment also upheld the concurrent decisions of the Court of Appeal, Akure Division, and the Osun Election Petition Tribunal, which had earlier affirmed Aregbesola’s election. “The concurrent decisions of the Court of Appeal and the Election Petition Tribunal are, hereby, affirmed. “There being no merit in the appeal, it is hereby ordered that the main appeal and cross-appeal are dismissed entirely and parties are to bear their own costs,’’ Nweze ordered.

The court also held that the appellant failed to prove the case of substantial election malpractice against the respondent, saying that the appellant’s arguments in that regard were mere speculations. It said that the testimonies of the appellant’s witnesses were riddled with mistakes, errors and gaps, which made them untenable and unreliable. “Their testimonies did not weather the barrage of cross-examinations put to them and cannot stand as it is settled law that the burden of proof must lie with the appellant,’’ Nweze said.

The court also dismissed the preliminary objection raised by the respondent as ‘’unmeritorious’’ and allowed the cross-appeal on admissibility of exhibits earlier tendered before the election tribunal. Recall that Omisore’s counsel, Alex Izinyon (SAN), had in his submission urged the court to set aside the Appeal Court and Election Tribunal’s decisions. Izinyon also urged the court to nullify the outcome of the governorship election, arguing that the election was fraught with irregularities.

“The tribunal identified the irregularities which marred the election but failed to pronounce on it in its decision. “The Tribunal also did not make any finding as it ought to do in respect of the alleged irregularities,” he had argued. Akin Olujimi (SAN), counsel to Aregbesola, while adopting his brief of arguments and written address, urged the court to dismiss the appeal and allow his cross-appeal.

Olujinmi also urged the court to dismiss the main appeal, arguing that ‘’out of the 43 witnesses who testified at the tribunal, only seven witnesses were party agents. “The rest who claimed to be supervisors gave ‘hear say’ evidences and agreed at the tribunal that the entries they made in the result sheets were false,” he said. Rotimi Akeredolu (SAN) and Adegboyega Awomolo (SAN), counsel to the APC and the Independent National Electoral Commission (INEC), respectively, also urged the court to dismiss the appeal and allow the cross-appeal.

 

Supreme Court dismisses Omisore’s suit against Aregbesola’s re-election

Police lied, we paid ransom to kidnappers – Omisore’s daughter

Seyi Olaoluwa, a daughter of Dr. Femi Omisore, one of the several persons kidnapped in Ekiti State, has debunked the story of the Police, regarding the release of the kidnap victims on Saturday.

Olaoluwa specifically accused the Police, which claimed to have rescued the 10 victims freed on Saturday morning, of lying.

Omisore, a lecturer in Obafemi Awolowo University, Ile Ife, was kidnapped penultimate Saturday on his way to Oye Ekiti, for a funeral ceremony. His driver was killed by the abductors while the hoodlums shot at the fuel tank of the car until the car went up in flames.

A version of the release of the kidnappers have said the Vigilance group in Esure Ekiti rescued the victims while the police, through their Force Public Relations Officer, Emmanuel Ojukwu, claimed to have rescued the victims while an unspecified number of the kidnappers were arrested.

Olaoluwa, who spoke to our correspondent on the telephone on Saturday, denied that the victims, including his father, were released by the kidnappers after the relations of all the victims had paid the specified amount of ransom charged by the kidnappers.

She said, “It’s a lie. They were not rescued by anybody. The vigilantes did not rescue them; we paid ransom. Everybody paid ransom before they were released.

“We paid ransom on Wednesday. My bother was the one that took the ransom to Benin Road. The people said we should come to Akure. When they got Akure, they asked them to come towards Benin Road. They used the phone to trail them until they got to somewhere nearly Benin.

“They directed them towards a forest before Benin, where they showed them the money some of the victims’ relations had paid. They were so confident that they said every body must pay before the victims would be released. We paid our own on Wednesday.

“So, I believe that it was when all the relations of the victims had paid that they decided to release them. For the police to claim to have released them is not true.”

Olaoluwa did not however specify how much was paid for Omisore’s release.

Police lied, we paid ransom to kidnappers – Omisore’s daughter

Osun: Supreme Court rules on Omisore’s appeal May 27

The Supreme Court on Thursday fixed May 27 for judgment in the appeal filed by the Peoples Democratic Party’s candidate in the August 9, 2014 governorship election in Osun State, Iyiola Omisore, against the election of the All Progressives Congress candidate, the incumbent Governor Rauf Aregbesola.

The seven-man panel of the apex court, led by Justice John Fabiyi, fixed the date for judgment after parties adopted and argued their respective briefs on Thursday.

Omisore, who attended the hearing on Thursday, urged the apex court, through his counsel, Dr. Alex Izinyon (SAN), ‎to set aside the concurrent judgments of the two lower courts.

The former Osun State Deputy Governor and his party had filed the appeals against the decisions of the Justice ‎ Justice Gana Mshelia-led panel of the Court of Appeal ‎in Akure, which, on April 2, 2015, affirmed the earlier judgment of the Osun State Governorship Election Petitions Tribunal.

The Justice Elizabeth Ikpejime-led‎ tribunal had on February 6, 2015, dismissed Omisore’s petition for lacking in merit and affirmed Aregbesola’s victory.

Izinyon, who filed two separate appeals on behalf of Omisore and the PDP, challenging the decision of the Court of Appeal, urged the Supreme Court to‎ allow his appeals and dismiss the cross-appeal filed by Aregbesola and the APC.

One of the appellants’ appeals emanated from the main judgment of the Court of Appeal while the other appeal and the respondents’ cross-appeal arose from the decision of the appellate court on the admissibility of a d‎ocument in favour of the petitioners at the tribunal.

But the three respondents to the appeals – Aregbesola, the APC and the Independent National Electoral Commission – who were represented by different lawyers, separately urged the court to dismiss the ‎appeals.

Osun: Supreme Court rules on Omisore’s appeal May 27

VIDEO: Ekiti Audio recording: I was there during the discussion - Omisore

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Senator Iyiola Omisore of Osun state has talked on the alleged audio recording that surfaced on the internet weeks that.

Omisore was accused along with the Governor of Ekiti State, Ayo Fayose, Obanikoro and others that they rigged the Ekiti election using the Nigeria military.

Speaking on the issue in Accra Ghana, Omisore agreed that a meeting was held on the said that but the discussion was not related to rigging the election but addressing the problem between the military and the police.

According to him, Obanikoro overheard that the soldiers were disarming the police, and he called them to order inorder to work together. The senator added that his only statement during the discussion was “calm down, calm down”

He reminded that there was a video released during Osun State election where thugs were seen thumb printing APC thumb printing ballot paper.

https://www.youtube.com/watch?v=H7vSHIi0Mro

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VIDEO: Ekiti Audio recording: I was there during the discussion - Omisore

Appeal Court: Omisore’s optimism delusional - APC

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By Gbenga Olarinoye

The All Progressives Congress, APC, in Osun State has said that the Peoples Democratic Party PDP Governorship Candidate, Senator Iyiola Omisore’s optimism that he would win the seat through the appeal court as delusional. Reacting to a video clip which the PDP circulated last week in Abuja as ‘evidence that the APC rigged the

Omisore

governorship election in Osun State, the APC in a statement by its Director of Publicity, Mr. Kunle Oyatomi, said the video will not make any difference to Omisore’s case at the court of appeal.

According to the APC spokesman, the case Omisore argued for 180 days at the Tribunal was meticulously dismantled in a landmark judgment that lasted over seven hours by the three-man panel which struck it out as unworthy in every material particular.

The APC wondered what would have gone wrong with the PDP chieftain, who had this so-called video clip evidence that he could have presented at the tribunal, but failed to do so.

The statement read in part: “Did this fellow (Omisore) seriously think that the Court of Appeal will accommodate this after-thought? The reason that video was not presented to the Tribunal in the first instance was because it was fake.” The APC claimed it had gotten wind of the production of the particular video since November last year and had informed security forces accordingly, adding this move was in part, what prevented the PDP from presenting it at the Tribunal as was their original plan.

 

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Appeal Court: Omisore’s optimism delusional - APC

Tribunal dismisses Omisore’s petition against Aregbesola

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The election Petition Tribunal sitting in Osun on Friday dismissed the petition filed by the candidate of the Peoples Democratic Party, Iyiola Omisore, seeking to nullify the result of the governorship election in the state, the Nigerian Politics Online is reporting.

Omisore

The Independent National Electoral Commission had returned Rauf Aregbesola of the All Progressives Congress as winner of the August 9, 2014 governorship election, a verdict challenged by Mr. Omisore.

In its ruling, according to Nigeria Politics Online (whose reporter was in court), the tribunal held that the witnesses called by the petitioner did not provide compelling evidence to support the petitioner’s claim of corrupt practices during the election.

The tribunal also held that there was nothing to show that the election was conducted without substantial compliance with the provisions of the Electoral Act.

“The testimonies of these witnesses are unsatisfactory and PDP forensic analyst did not show that ballot papers were not used accordingly,” the Chairman of the tribunal, Justice Elizabeth Ikpejime‎, said.

“As such, their testimonies failed to support their claims. None of them gave evidence on the issue of multiple voting, which they earlier claimed. The panel also held that issue of multiple voting was not found in his examination. On allegations of over-voting, no single evidence of over voting was proved. Similarly, on the allegations that O’Yes was used as INEC officials, there is no such evidence.”

The panel also held that the inability of the petitioner to prove his allegation that security operatives were compromised during the election further damaged the substance of the petition.

Mr. Omisore had on August 29 petitioned the Election Petitions Tribunal sitting in Osogbo to challenge the victory of Mr. Aregbesola.

The PDP candidate’s petition, which was in three volumes, claimed that the election was rigged in favour of Mr. Aregbesola, and that some members of the O-YES were used as INEC ad hoc staff, while some security agents were compromised.

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Tribunal dismisses Omisore’s petition against Aregbesola

Tight security as Aregbesola, Osinbajo appear before Osun tribunal

Security was heightened around the Osun State High Court premises on Friday as Governor Rauf Aregbesola and the Vice Presidential candidate of the All Progressives Congress, Prof. Yemi Osinbajo ( SAN), appeared before the Election Petitions Tribunal hearing matters arising from the August 9 governorship election in the state.

Aregbesola

There were more armed security agents in the court and around the court premises on Friday than at the previous sittings.

The police, as usual, closed the road in front of the court to commercial vehicles and motorcycles while private cars, with verifiable missions around the area, were allowed to move on the road.

Operatives of the Department of State Security and Explosives Ordinance Department were on the ground to ensure that there was no security breach.

The duo appeared before the Justice Elizabeth Ikpejime-led tribunal on the day when the second respondent, the APC opened their defence in the petition filed by Senator Iyiola Omisore of the Peoples Democratic Party to challenge Aregbesola’s victory.

Osinbajo, who led witnesses, called by the second respondent, in evidence.

The APC called Isahu Olawale from Ejigbo Local Government Area; Musa Abdulbaki from Osogbo Local Government Area; Opeyemi Olalemi from Atakumosa East and Ayomide Otegbayo from Obokun Local Government Area.

The four witnesses told the panel that the election was free, fair and credible while being led in evidence by the second respondent’s counsel.

The witnesses insisted that the election was credible during the cross examination by the petitioner’s counsel, Mr. Nathaniel Oke (SAN).

The panel adjourned sitting to Saturday for the APC to continue with the testimonies of their witnesses.

Osinbajo insisted in an interview with journalists after the proceedings that the August 9 governorship poll in the state was credible.

He said, “We called all of the witnesses we wanted to call and they all performed very well. We hope to see clearly that this was a free and fair election and that the APC won the election fair and square. That is what we certainly hope to see.”

Aregbesola said he was at the tribunal to honour the panel and to fraternise with Osinbajo, who is the running mate to Maj. Gen. Muhammadu Buhari (retd.), the presidential candidate of the APC.

He said he was pleased with the testimonies of all the witnesses called by the second respondent to defend his victory against the petition.

Tight security as Aregbesola, Osinbajo appear before Osun tribunal

Omisore hints of alleged plot to assassinate him

By Gbenga Olarinoye

OSOGBO—Candidate of the Peoples Democratic Party, PDP, in the last governorship election in Osun state, Senator Iyiola Omisore yesterday raised an alarm that some people suspected to be leaders of one of the parties in the state have concluded plans to assassinate him to cover up issues concerning the August 9 election.

Omisore

Omisore, in a statement in Osogbo by his Media aide, Mr. Victor Oriola, therefore called on security agents to increase security around Senator Omisore to forestall the blood thirsty vampire in the party from carrying out their evil machinations”.

The statement read in part: ”We are constrained to inform the general public, especially the security agents that we have uncovered plots to assassinate Senator Iyiola Omisore in order to cover up the electoral heist perpetrated on August 9, 2014.

“This is coming on the heels of startling revelation coming from the Osun State Election Petition Tribunal handling the petition of Senator Omisore and it is better for the security to have the information to be able to know how to prevent the inhuman act.

“The dwindling political fortunes of the said party in the south west is responsible for this sinister plot that is meant to silence those who are considered as a threat in the region.

“The plot which is being coordinated from Lagos state started around June this year when some assassins who have been on the trail of Senator Omisore during the governorship campaign broke into his house in Lagos. Some of the people apprehended by the police are yet to be charged to court since then.

“We have noticed that whenever Senator Omisore comes to the venue of the Osun State Election Petition Tribunal at Oke-Fia, he is being trailed by an unmarked vehicle, ostensibly to monitor his movement. Because of this development, Senator Omisore has been advised not to appear personally in court in order to forestall these unscrupulous elements from perpetrating their evil deed.”

No discrepancy in Osun election result

—PDP expert witness

Meantime, the expert witness of the Peoples Democratic Party, PDP, governorship candidate in the August 9 election in Osun State, Mr Samuel Oduntan has confirmed to the state Election Petition Tribunal that there was no discrepancy in the results of the election he analysed for his principal.

The witness who claimed to be a statistician early in his witness statement also made a u-turn while giving oral evidence before Justice Elizabeth Ikpejime-led tribunal yesterday, saying he is not a registered statistician.

He said he used Certified True Copies, CTCs, and duplicates of the result forms of the election which had earlier been tendered by the petitioners and he found no discrepancies in the course of his analysis.

“I am not from Osun, neither did I monitor the election, but I was employed by the petitioners to do the analysis of the election materials”, he confirmed.

Omisore and the PDP are challenging the August 9 re-election of Governor Rauf Aregbesola and the All Progressives Congress, APC, while the Independent National Electoral Commission, INEC, was joined as a party.

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Omisore hints of alleged plot to assassinate him

Omisore tenders court ruling against Akeju at tribunal

The governorship candidate of the Peoples Democratic Party in Osun State, Senator Iyiola Omisore, on Monday evening tendered certified true copies of a ruling of a Federal High Court, Osogbo allegedly restraining the Resident Electoral Commissioner in the state, Ambassador Rufus Akeju from conducting election in the state.

Omisore

The Petitioner’s counsel, Chief Chris Uche ( SAN), sought to tender the ruling before the three man tribunal adjourned on Monday.

The court ruling dated March 28th, 2011 was delivered shortly before the 2011 general election and the petitioner told the Justice Elizabeth Ikpejime-led tribunal that the ruling was binding on Akeju who was in charge of the Independent National Electoral Commission.

The REC of Kogi State, Mr. Segun Agbaje, was redeployed in Osun State in July and he conducted the August 9th governorship election in the state.

Counsel to the first respondent ( Governor Rauf Aregbesola) Mr. Segun Ajibola ( SAN), raised an objection to the admissibility of the document.

Counsel to the All Progressives Congress which is the second respondent, Mr. Kemi Pinheiro ( SAN) also objected to the document. He said that the interlocutory ruling which was delivered by the court in 2011 was irrelevant to the petition arising from the election conducted in 2014.

Pinheiro described as mischievous, the attempt to bring in the “irrelevant document” and this obviously annoyed Uche whoop stood up to confront him. He asked him to withdraw the word mischievous but Pinheiro insisted he did not do anything wrong.

He sad he had nothing personal against Uche and he reminded the tribunal of an earlier comment where Uche said he ( Pinheiro) was parading comedy of errors.

The tribunal chairman asked Pinheiro t withdraw the word but he insisted that he did nothing wrong adding that what he said was the submission of the law and not an attempt to disparage the senior advocate.

The INEC’s counsel in the case, Mr. Ayotunde Ogunleye, also objected to the admissibility of the document.

He said that Mr. Segun Agbaje conducted the August 9th governorship poll in Osun State and not Ambassador Rufus Akeju.

The tribunal admitted the document in evidence and reserve ruling on is admissibility until the judgement stage.

The Petitioner Witness 1, Mr. Bola Ajao, who was called by Omisore to prove his allegation on rigging told the tribunal during cross examination at the resumed hearing on Tuesday that Akeju conducted the disputed election.

Charles Edosomwan ( SAN) represented Aegbesola on Tuesday while Yomi Aliyu was the APC’s lead counsel for the day.

Ajao, who is the secretary of the PDP in the state told the panel that INEC produced three separate voter registers for the disputed poll.

But he could not produce a copy of the register when he was asked to do so by the counsel to the second respondent ( APC) during cross examination.

The PW1 also told the tribunal that he did not have the list of members members of National Youth Service Coprs and Osun Youth Empowerment Scheme cadets which the petitioner claimed were used to rig the election in favour of Aregbesola.

INEC’s counsel, Ogunleye, told the witness that Akeju did not conduct the disputed poll but Ajao said, “he ( Akeju) did.”

Ogunleye comforted the witness with a document ( letter of redeployment of Akeju to resume as Osun REC) and he sought to tender same.

Edosomwan and Aliyu urged the too admit the document which they said was relevant to the case.

The petitioner’s counsel raised an objection to the document, saying even if it was a certified true copy, it could not be tender from the bar because it was not front loaded and listed in the third respndent’s reply to the Omisore’s petition. He added that there was no nexus between the witness and the document he confronted him with.

The tribunal admitted the document and reserved its ruling on its admissibility until the judgment stage.

The Petitioner Witness 2, Kolapo Sikiru, ward supervisor of the PDP in Osogbo and PW 3, Gbadebo Adeyemo, another ward supervisor in Osogbo testified that the election was massively rigged.

They, however, admitted that there was accreditation before voting and they cast their votes.

PW 3 told the tribunal that he was forced to sign exhibit 219 in order to save his life.

But the first respondent’s counsel was able to establish that the witness did not state this in his witness statement on oath which he had earlier adopted as his evidence before the panel.

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Omisore tenders court ruling against Akeju at tribunal

Omisore calls first witness, tenders poll results at tribunal

The governorship candidate of the Peoples Democratic Party in Osun State, Senator Iyiola Omisore, on Monday started calling his witnesses to prove to the Election Petitions Tribunal hearing his petition against Governor Rauf Aregbesola that the August 9th election was rigged.

Omisore

The petitioner’s counsel, Chief Chris Uche ( SAN) called the secretary of the PDP in Osun State, Mr. Bola Ajao, as the Petitioner Witness 1.

The witness also tendered series of forms EC8A which he said he collected from polling agents of the party from the disputed units on the election day.

The duplicate copies of the election results were also tendered by the witness.

The PW 1 also tendered duplicate copies of forms EC8 B, forms EC8 C and forms EC8D which are results from the wards, local government areas and the collation of the final result respectively.

Although the Chairman of the tribunal, Justice Elizabeth Ikpejime, admitted the documents, she said the panel would rule on their admissibility in the final judgment.

Ikpejime said, ” We reserve ruling on the admissibility of the documents till the judgment stage. However, without prejudice, the documents are admitted as evidence.”

Counsel to the first respondent, ( Aregbesola), Mr. Segun Ajibola (SAN) had raised an objection to the admissibility of the documents tendered by the witness.

The first respondent argued that the duplicate copies of the election results were not certified true copies and that they were not authored by the witness who sought to tender them.

He urged the tribunal to reject the documents.

Counsel for the All Progressives Congress, Mr. Kemi Pinheiro ( SAN), who also raised an objection to the admissibility of the documents argued that the duplicate copies of the documents the petitioner sought to tender were not mentioned nor listed in the witness statement deposed to by the PW1.

He urged the tribunal to reject the polling results, saying ” the documents are aliens to the witness’ deposition.

He said, ” I urge your lordships to mark the documents as tendered but rejected.”

The counsel to the Independent National Electoral Commission, Mr. Ayotunde Ogunleye, also adopted the arguments of the first and second respondent and urged the tribunal to reject the documents.

He observed that some of the documents were mutilated while some were blank and other inelligible.

Uche told the panel that he had filed a motion seeking to call additional witnesses and urged the tribunal to curtail the seven days which the respondent had to respond to it.

The respondents objected the application but eventually accepted to abridge the time they needed to reply after the pleading from the panel in order to save time.

The respondents conceded and agreed to filed their reply to the motion within four days.

The petitioner’s counsel had earlier accused the INEC of delaying the inspection and scanning of election materials used for the governorship election.

Uche said, “My lords, we are still having problem with the third respondent in respect of inspection of materials at its custody. We are still having up to five local government areas which we have not be able to do.

The excuses range from break down of photocopy machines to faulty scanning machines and so on. My learners brother, Dr. Alex Izinyon (SAN), had earlier brought a motion on his but he had to withdraw it because assurances were given that the third respondent would cooperate with us.”

Uche had immediately after resumption of hearing on Monday completed tendering of forms EC25 B ( election materials received) which the petitioner started tendering on Thursday when the tribunal sat last on the case.

He also tendered certified true copy of Manual for Election Officials 2014 issued by the INEC.

Also, the petitioner’s counsel tendered certified true copy of Directory of Polling Units for Osun State.

The respondents did not raise any objection to the admissibility of the two documents issued by the INEC and Pinheiro urged the tribunal to promptly admitted the documents.”

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Omisore calls first witness, tenders poll results at tribunal

Tribunal hears Omisore’s objections against Aregbesola’s victory

The Election Petitions Tribunal sitting in Osogbo on the August 9 Osun State governorship election has begun hearing the preliminary objections together with the substantive petition filed by Senator Iyiola Omisore to challenge re-election of Governor Rauf Aregbesola of the All Progressives Congress.

Omisore

The Chairman of the tribunal, Justice Elizabeth Ikpejime, said on Tuesday in her ruling that the panel would hear the issues of jurisdiction together with the petition of Omisore, who contested the election as the candidate of the Peoples Democratic Party.

Counsel for the petitioner, Dr. Alex Iziyon(SAN), had on Thursday prayed the tribunal to hear the preliminary objections and the petition together in order to save time but Aregbesola, had through his lead counsel, Chief Akin Olujinmi(SAN), raised an objection to this.

He said the issue of jurisdiction, which bothered on the competence of the petition, should be first heard before the substantive petition.

However, the panel, in the ruling delivered on Tuesday, said all the four motions pending before it would be taken together with the petition.

Ikpejime said the tribunal had already lost some time, assuring the parties in the matter that members of the panel would do justice to their case.

Meanwhile, former Governor Olagunsoye Oyinlola of Osun State appeared as one of the counsel for Aregbesola on Tuesday.

The announcement of Oyinlola as a counsel for the first respondent caused a stir as lawyers in the camp of the petitioner burst into laughter.

Oyinlola was removed as the governor of the state by the Court of Appeal in Ibadan on November 26, 2010, following the appeal filed by Aregbesola but the former governor had defected to the APC from the PDP.

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Tribunal hears Omisore’s objections against Aregbesola’s victory

Osun Tribunal: Heavy security as tribunal defers ruling on Omisore’s petition

The  Election Petitions Tribunal hearing matters arising from the August 9th governorship  election held in Osun State on Thursday deferred ruling on an application by Governor Rauf Aregbesola to challenge the competence of the petition of Senator Iyiola Omisore before the panel.

Omisore

Counsel to the petitioner, Dr. Alex Iziyon SAN, told the tribunal that the application challenging the competence of the petition should be heard alongside with the substantive petition.

Iziyon said hearing the applications and the petition together would ensure speedy dispensation of justice in the case.

He said, ” We have already taken two months out of six months. You can take the applications together. I know justice will be done.

Various applications which bother on the jurisdiction of the tribunal should be taken together with the petition.”

The counsel cited Paragraph 12 of the first schedule of the Electoral Act to back up the appropriateness of his prayer.

But Chief Akinlolu Olujinmi SAN, who appeared for Aregbesola said the tribunal could not go ahead since the application filed before it bothered on the competence of panel to hear the petition.

Olujinmi said that the objection raised by the petitioner was challenging  the competence of the petition and the petition should not be heard based on this.

Counsel to the second respondent ( All Progressives Congress), Mr. Rotimi Akeredolu SAN, aligned himself with the argument of  the first respondent.

He said going ahead to hear  the substantive case while the application challenging the petition’s competence had not been resolved would  be out of order.

He argued that hearing the application on competence and the petition could be likened to hearing a petition filed out of time.

Counsel to the Independent National Electoral Commissioner,  Mr. Ayotunde Ogunleye, also adopted the arguments of the respondents in the matter.

Iziyon in his reply told the panel to discountenance the augment of the respondent describing them as Old Testament.

The chairman of the tribunal, Justice Elizabeth Ikpejime, after listening to the arguments of counsels to the the petitioners and all the respondents  said the panel would deliver its ruling on the application.

Ikpejime and two other justices, Vincent Ofosi and A. I. kutigi who are members of the newly reconstituted panel sat on the case and the tribunal adjourned the ruling to Monday November 3.

There  was tight security  around the Osun State Judiciary complex in Osogbo  the venue of the tribunal.

The Commissioner of Police, Mr. Abubakar Marafa, led other senior police officers to the venue to ensure that there is no breach of security.

Roads leading to the court were condoned off while anti bomb experts and officials of State Security Service  searched vehicles and individuals going inside the court.

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Osun Tribunal: Heavy security as tribunal defers ruling on Omisore’s petition

Osun Election: Tribunal grants Omisore order of substituted service on Aregbesola

The Election Petitions Tribunal hearing the petitions arising from the Osun State governorship election has granted the Peoples Democratic Party governorship candidate, Senator Iyiola Omisore, the permission to paste the notice of the tribunal on the walls of Government House, Osogbo and the Governor’s Office.

Omisore

The chairman of the tribunal, Justice Suleiman Ambrusa, gave the order on Thursday.

He said having considered the application of the petitioner’s counsel, Mr. Afolabi Fashanu, the respondent should be served a copy of the petition by pasting same on the walls of the Government House and Governor’s Office at the state secretariat.

The petitioner had prayed the tribunal for an order of substituted service following an allegation that security agents did not allow the bailiff to serve the governor.

The chairman of the tribunal said that evading service would not be an excuse for not serving the respondent because the case should not be one-sided.

But Aregbesola’s counsel, Mr. Kunle Adegoke, asked the tribunal chairman to disqualify himself from the petition because of a petition written to the National Judicial Council.

Adegoke said, “There are certain fundamental issues that must be addressed in the petition against you at the NJC. If a party is expressing lack of confidence in a judge, the requirement is that such judge should step aside from handling the case.”

But Ambrusa said that he could not be stampeded into stepping aside from sitting on the panel because it was only the NJC which could ask him to step down.

He said, ” I am ready to step down. I didn’t put myself here. I have not seen the copy of the petition against me. There should be a decorum. I would be served a copy of your petition since you have written to the NJC. It is only the NJC that can act on your application.”

It will be recalled that Omisore had filed a petition challenging the result of about 17 local government areas at the tribunal.

The petitioner, while asking the tribunal to nullify Aregbesola’s victory prayed that he should be declared the winner of the election.

The Independent National Electoral Commission had declared Aregbesola winner of the poll with 394, 684 votes while Omisore who polled 292,747 votes came second.

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Osun Election: Tribunal grants Omisore order of substituted service on Aregbesola

Omisore, Aregbesola lawyers attempted to exchange blows in court

Lawyers representing Governor Rauf Aregbesola and counsel for the Peoples Democratic Party’s governorship candidate, Senator Iyiola Omisore, fought during the inspection of election materials used for the conduct of the August 9 governorship poll.

Counsel for the governor, Mr. Daud Akinloye, had objected to allowing agents of the PDP to make photocopies of some materials, saying officials of the Independent National Electoral Commission ought to make the copies and give the petitioner the certified true copies of the same.

After accepting his request, Akinloye also said the order obtained from the tribunal for the inspection should be produced and ‘Exhibit A’ listed should be produced.

This led to an altercation between Akinloye and Omisore’s counsel, Mr. Kehinde Adesiyan.

The duo stood up to each other and almost exchanged blows, but the head of Operations of INEC, Mr. Azeez Olatunji, and INEC counsel, Mr. Wuyep Ishaku, intervened to save the duo from exchanging blows.

Both Akinloye and Adesiayan called each other unprintable names during the quarrel which lasted for about 10 minutes.

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Omisore, Aregbesola lawyers attempted to exchange blows in court

Osun: Omisore submits 850-page petition against poll result

Osun State ‎governorship candidate of the Peoples Democratic Party, Senator Iyiola Omisore, has filed a 850-page petition before the state governorship Elections Petition Tribunal at the state High Court Osogbo against the result of the August 9 poll.

Omisore

In the petition, he challenged the results of 17 Local Government Areas of the state in the election in which the All Progressives Congress candidate, Rauf Aregbesola, was declared the winner by the Independent National Electoral Commission.

Accompanied by the state chairman of the PDP, Alhaji Ganiyu Ola-Oluwa and other chieftains of the party, Omisore told the reporters that “I will reclaim his mandate through the tribunal.”

No fewer than seven Senior Advocate of Nigeria (SANs) were engaged by Omisore to prosecute his case before the tribunal.

In the petition, Omisore is seeking an order of the tribunal to cancel the results of the August 9 Governorship election in 17 Local Government Areas of the state.

The Local Government Areas include, Ifelodun, Olorunda, Osogbo, Ejigbo, Ede South, Ede North, Ilesa West, Ilesa East, and Ila among others.The PDP governorship candidate also called for fresh conduct of the governorship election in the affected 17 Local Government Areas.Besides, he sought the order of the tribunal to declare him the authentic winner of the August 9 Governorship election.

He stated that “the last Governorship election was marred by careless rigging perpetrated by the All Progressives Congress (APC) through the Osun Youths Empowerment Scheme (OYES) cadets.”

The Secretary to the tribunal, Mr Muhammadu Adamu Aliyu, who received the petition on behalf of the tribunal chairman, assured that the tribunal would carry out its duties without fear or favour.

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Osun: Omisore submits 850-page petition against poll result

Osun Election Final result: Aregbesola emerges winner (Photo)

The Governor of Osun State and the All Progressives Congress candidate, Rauf Aregbesola, polled a total of 394,684 votes to emerge the winner of the state governorship election held on Saturday.

Aregbesola

Aregbesola won in 24 local government areas of the 30 local government areas in the state to maintain a clear lead. His closest rival and the candidate of the Peoples Democratic Party, Senator Iyiola Omisore, garnered 292,750 votes to occupy second position. He won in six local government areas. The Labour Party’s candidate, Mr. Fatai Akinbade, occupied a distant third position. He won no local government area.

Aregbesola won in Ifedayo, Boripe, Orolu, Atakunmosa West, Ilesa West, and Ilesa East. He also won in Ayedade, Ayedire, Ede North, Ede South, Egbedore, Ejigbo, Ifelodun, and Ila local government areas.

Others are Irepodun, Irewole, Iwo, Obokun, Ola Oluwa, Olorunda, Oriade, and Osogbo.

Omisore emerged winner in Odo-Otin, Bolowaduro, Ife Central, Ife East, Ife North, Ife South, Isokan, and Iwo LGAs.

The announcement of the results brought to a climax the tension and excitement that preceded the Saturday event. Although the accreditation was scheduled to commence by 8am, voters were already at the various polling units as early as 6.30am waiting for INEC officials.

Our correspondents report that the election was largely peaceful in nearly all the local government areas of the state.

Our correspondents who covered the election in Osun East Senatorial District, where the two major candidates, Governor Rauf Aregbesola of All Progressives Party and Senator Iyiola Omisore of the Peoples Democratic Party, come from, observed that supporters of the two candidates came out early to vote.

With the heavy presence of security men on all major roads and in all the polling units, movement from one place to the other was restricted. From Osogbo to Ife and later Ilesa, our correspondents observed that security forces ensured that there was no vehicle plying the road except those with INEC passes.

The same applied to all the roads in the state, including the highway from Ibadan. It was a difficult day for travellers passing through the Ife-Akure federal road as soldiers also blocked the road.

Soldiers and other security men also mounted four road blocks between Osogbo and Ede, frisking voters and inspecting observers vehicles even after showing their accreditation tags.

Osun Election Result

Generally, there was no violence in the Osun East Senatorial District except in Akarabata ward, Lagere, Ile-Ife, where a man who was caught wearing a police vest, was alleged to be a fake police. He was apprehended by the security men at the scene and driven away in a police patrol van.

As scheduled, accreditation began by 8am and ended at 12pm. At Yemo Pottery Museum premises at Moore, where Omisore did his accreditation around 11.30am, there was a large media presence as journalists waited for the arrival of the PDP candidate. He eventually voted at exactly 12.50pm. He told journalists that he was confident of victory, accusing APC of violent conduct, while also praising INEC for preparing well for the election.

He said, “We thank God that so far so good, this is the best election we have had in the recent time because of the large turn-out of the voters. My message to the people is that they should remain calm, resilient and hopeful in the face of thuggery and violence because a new governor will emerge.

“Like any endeavour, particularly, any one that involves human beings, you cannot expect 100 per cent efficiency.

“We cannot say we have 100 per cent confidence on INEC. You cannot have 100 per cent confidence on any process that is managed by human “We cannot say we have 100 per cent confidence on INEC. You cannot have 100 per cent confidence on any process that is managed by human.

“INEC has done so well but not without some errors. It is difficult for INEC and even the military to curtail the preparedness of APC’s rigging and manipulation but we are going to surmount some of those challenges. We must pray that there will be no election manipulation and violence.”

In Ilesa, Aregbesola voted at ward 8 unit one in Ifofin, a few meters away from his father’s house, where he had relocated to for the purpose of the election. After voting around 12.40pm, he warned that any attempt to scuttle democratic process through rigging would be regretted by

“They will have themselves to blame if they scuttle the democracy. You can see people patriotism and commitment to democracy. If they can be 20 per cent committed like the ordinary people, the nation would have been the best for it. What they are doing by picking our chieftains and members is barbaric. They have been arresting, harassing and molesting our people for no just reason. The democracy is about making your choice freely without being hounded,” he said.

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Osun Election Final result: Aregbesola emerges winner (Photo)

Why Osun must not vote for Omisore – Oyinlola

Former Governor Olagunsoye Oyinlola of Osun State on Tuesday urged the people of the state against voting for the governorship candidate of the Peoples Democratic Party, Senator Iyiola Omisore.

PRINCE BARR O. OYINLOLA THE NAT SECR OF PDP 1

Oyinlola, who publicly declared for the All Progressives Congress at the mega rally of the party held at the Osogbo Township Stadium, on Tuesday, accused Omisore of being selfish.

He urged the people of the state to vote for Governor Rauf Aregbesola, who incidentally, was the one who unseated him from office after a marathon legal battle which lasted over three-and-a-half years.

The former National Secretary of the PDP, who spoke in Yoruba language, said that his former party was not fair to the Yoruba people, saying there was no Yoruba person occupying any of the top 20 political offices in the country.

Oyinlola alleged that he was badly treated by the PDP which, he said he was very loyal to.

Oyinlola said, “The candidate of their party is selfish. I don’t know how Bola Ige was killed. Although Omisore was accused of killing Bola Ige, God knows who was responsible for the killing.

“Let us look at this; he (Omisore) picked Prof. Wale Oladipo, who was in the prison with him (over Bola Ige’s case) to replace me as the National Secretary of the PDP. He nominated Jelili Adesiyan who was also with him at Agodi Prison as a minister and he installed Gani Olaoluwa, who was also with them at the prison as the PDP chairman in the state.

“Does it mean that we cannot hold public office except we are former prisoners? The running mate (Adejare Bello) is the only one different. The PDP is now empty; they pushed former Governor Isiaka Adeleke out, Alhaji Fatai Akinbade (Labour Party candidate) left them when he saw the way they were doing and I have also left them for the APC.”

Oyinlola added that Omisore had nothing good in stock for the people of the state while hailing the performance of Aregbesola who he urged the people to support.

But the Chairman of the PDP in Osun State, Alhaji Gani Olaoluwa, in a statement issued to react to Oyinlola’s defection, wished him well in his new political party.

Olaoluwa said that the former governor required prayers as he started a political journey with the APC, which he described as a party of professional liars.

The PDP chairman said Oyinlola’s defection was beyond the ordinary while stating that the secret behind it would soon be blown open.

He said, “I am sure that his immediate and extended family members will even be disappointed. As a political party, the PDP in Osun has shock absorbers to contain such eventuality as we are always prepared legally, constitutionally and politically.”

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Why Osun must not vote for Omisore – Oyinlola

Security beefed up in Osogbo for Jonathan’s visit

Security has been beefed up in Osogbo, the Osun State capital, ahead of Saturday’s scheduled visit of President Goodluck Jonathan for the mega rally of the Peoples Democratic Party to drum up support for its candidate in the August 9 governorship election, Iyiola Omisore. 

Besides hundreds of armed operatives of the Directorate of State Security that have continued patrolling Osogbo and its environs in dozens of vans, an unusual number of mobile policemen were seen in different parts of the state capital on Friday.

Our correspondent also saw several riot policemen stationed in and around the Osogbo City Stadium, the venue of the rally, while the organisers were getting it ready for the event.

The state Police Public Relations Officer, Mrs. Folashade Odoro, told The PUNCH that the police had beefed up security across the state, especially in Osogbo.

She said the police had made all necessary arrangements for a “water-tight security in the state to prevent any breakdown of law and order during and after the President’s visit.”

Jonathan is expected to lead a delegation of PDP stalwarts including Vice-President Namadi Sambo, Senate President, David Mark, and the National Chairman of the party, Alhaji Adamu Muazu to the state.

Others, who are expected to be in the President’s entourage, include the Chairman, Board of Trustees of the PDP, Chief Tony Anenih; Chairman, Mobilisation Committee of the party in the South West, Mr. Buruji Kasamu; and Governor-elect of Ekiti State, Ayodele Fayose. 

The Publicity Secretary of Osun PDP, Mr. Bola Ajao, who announced the President scheduled visit, said security operatives had already been deployed in the state in preparation for the visit.

“It is normal that security operatives are deployed ahead of time in any state where the President wants to visit,” he said.

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Security beefed up in Osogbo for Jonathan’s visit

Guber poll: Jonathan visits Osun Saturday

The Peoples Democratic Party (PDP) in Osun on Thursday said that all arrangements had been concluded to receive President Goodluck Jonathan in Osogbo on Saturday.

The Secretary of PDP in Osun, Mr. Bola Ajao, made this known when he addressed journalists in Osogbo.

Ajao said the President was coming to throw his weight behind Senator Iyiola Omisore’s bid to win the state governorship election.

The News Agency of Nigeria reports that the election holds August 9.

He said Jonathan would also use the visit to intimate the residents with his transformation agenda.

“The President’s passion for overall development is not hidden. Few days from now, residents will be at the poll to elect a governor to steer the ship of the state for another four years.

“The import of the President’s visit is not only to boost the candidature of the party’s governorship candidate but to further explain his transformation agenda to the people.

“A vote for the PDP is a vote for individual growth and collective emancipation through a one man one woman vote,’’ he said.

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Guber poll: Jonathan visits Osun Saturday

APC takes concrete actions to ensure free, fair election in Osun State

The All Progressives Congress (APC) has taken concrete actions to ensure that all the candidates in the Aug. 9th 2014 governorship election in Osun State are provided with a level playing field and that the election is free, fair, transparent and devoid of harassment and intimidation.

In a statement issued in Abuja on Wednesday by its National Publicity Secretary, Alhaji Lai Mohammed, the party said it had challenged in court the powers of the President to deploy troops to Osun State for the election and the power of the Inspector-General of Police to impose a curfew on any part of the state during the election.

It also said the party had written to INEC to demand a postponement of the election if the electoral commission cannot guarantee that all registered voters will be given their Permanent Voters Cards (PVCs) before voting day or in the alternative allow all registered members in possession of INEC temporary voters card to cast their votes in the election.

APC said the actions are aimed at avoiding a repeat of the massive harassment, intimidation and arrest of opposition politicians witnessed during the Ekiti governorship election, and to prevent any illegal lock down of Osun State, which turned out to be a ploy to pigeon-hole opposition politicians while allowing PDP members to move around freely during the Ekiti polls.

The party said the letter to INEC followed concerns expressed by APC members in Osun that they have so far been denied their PVCs under shady circumstances, a development that could be a ploy to massively disenfranchise APC members and rig the election at source

”In the first case filed at the Federal High Court in Lagos on July 15th 2014, we are seeking, among others, ‘a declaration that by the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), it is ultra vires for the President of the Federal Republic of Nigeria to deploy members of the armed forces to Osun state for the purpose of the conduct of the gubernatorial election scheduled for Aug. 9th 2014′.

”In the second case, also filed at the same court on July 17th 2014, we are seeking, among other reliefs, ‘a declaration that by the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), and the Curfew Law of Osun State, CAP 36, Laws of Osun State of Nigeria, 2001, it is ultra vires for the Inspector General of Police of the Federal Republic of Nigeria to impose curfew on any part of Osun State during the conduct of the gubernatorial election scheduled to hold on Aug. 9th, 2014, or at any time whatsoever in any part of Nigeria’.

”The actions have reinforced the credentials of our party as law abiding and peaceful. Instead of resorting to self help, as many would have done in the face of the many underhand tactics by the PDP-led federal government to stifle the opposition and skew the conditions in favour of the ruling party, we decided to embark on a legal challenge of the unlawful actions of the government.

”We are not seeking any favour beyond that all candidates in the election be allowed to have a level playing field, for all registered voters to be able to cast their votes in an atmosphere devoid of violence, harassment and intimidation, and for the election itself to be conducted in substantial compliance with the law,” it said.

APC said popular participation is at the core of democratic governance, hence a development in which registered voters, most of them from the opposition, will not be allowed to vote based on the incompetence of the electoral authorities is anti-democratic.

”That is why we have written to INEC to allow duly registered voters to exercise their franchise on Aug. 9th, whether or not they have PVCs or temporary voters cards. If this is not possible, INEC should consider postponing the election until such a time that not one voter will be disenfranchised due to the incompetence, collusion or shenanigans of INEC,” the party said.

It warned that the Osun governorship election must not just be free, fair and transparent, it must been seen to be so by all stakeholders.

APC takes concrete actions to ensure free, fair election in Osun State