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

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6 years ago

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

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

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in Apo, Abuja, on March 22, 2019, delivered judgment in favour of Adeleke, directing that the certificate of return be withdrawn from Oyetola while a new certificate should be issued to Adeleke immediately.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Aliu Gafar delivers stellar performance as Esusu in Femi Adebayo’s Seven Doors

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1 week ago

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December 13, 2024

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By Rtn. Victor Ojelabi

The much-anticipated movie series Seven Doors by Femi Adebayo has finally premiered, currently showing on Netflix, captivating audiences with its intricate storytelling and compelling characters.

The movie begins with a haunting scene of seven women under a mysterious spell leaping to their deaths from a waterfall, setting the tone for a gripping tale that unravels in Ilara Kingdom.

The series explores various societal issues, including corruption, greed, gluttony, family values, malicious conspiracies, and the delicate balance of law and order.

Central to its plot is the calamitous fate of Oba Adedunjoye, the Onilara of Ilara, whose failure to perform traditional rites—symbolised by knocking on seven doors—unleashes devastating consequences on his kingdom.

At the heart of this chaos is Esusu, a malevolent and exiled villain whose return wreaks havoc.

Esusu, a ni ohun t’Eledumare o ni.
Eledumare o ni ika, ika ni Esusu

The character of Esusu, pivotal to the story’s depth, is masterfully brought to life by Aliu Gafar.

Gafar’s first appearance, late in Episode 2, immediately shifts the narrative, introducing a chilling force that spares no one, not even the royal family. His commanding portrayal encapsulates the essence of Esusu, a man whose wickedness defies comprehension.

The backstory reveals Esusu’s sinister pact with Ọba Adejuwọn, an ancestor of Adedunjoye.

Desperation led Adejuwon to seek Esusu’s help to evade death—a move that came at an unthinkable cost, forgetting that bi alọ ba lọ, abọ nbọ (a pendulum that swings to is still coming to swing fro).

Esusu’s return demanded not only royal treatment but the freedom to live as he pleased, challenging the very fabric of the kingdom.

Gafar embodies this complex character with remarkable precision, delivering a performance that is both chilling and unforgettable.

With almost two decades in Nollywood, Aliu Gafar has solidified his reputation as a versatile and dedicated actor.

His extensive filmography includes acclaimed productions such as Jagun Jagun, Anikulapo, Iyalode, Eefin, and Omo Ajele.

His role in Seven Doors further cements his legacy as a master of his craft, showcasing his ability to seamlessly portray multifaceted characters.

The Yoruba actor has also garnered accolades for his work, including the Best Actor award at the Dallas International Yoruba Movies Awards for his role in Peregun.

His commitment to the industry and his talent for captivating performances continue to make him a force to be reckoned with in Nollywood.

In Seven Doors, Gafar’s nuanced performance as Esusu elevates the series, demonstrating his ability to command attention and bring depth to a complex narrative.

His contribution to the Nigerian film industry remains invaluable, and his portrayal of Esusu is a testament to his enduring excellence.

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Ogun State Prominent Monarchs, Business Tycoons, Others Honor Olusho Agba At The Confession 2024

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1 week ago

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December 12, 2024

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The Olusho Agba’s confession 2024 attracted more dignitaries as three respected monarchs in Ogun honour the event by physical appearance, alongside side most prominent CEOs in Ogun.

 

The royal fathers present at the laudable event held at Continental Suits in Abeokuta include HRM Oba Oyabanji Adetunji (Oloja Of Oja Odan) HRM Oba Buhari Makinde (Oniwoye of Iwoye Land) HRM. Oba Lukmon Kuoye (Olu of Imasayi).

 

Also Chief Executive Officer of IBD Foundation, Dr. Mrs. Lara Dende, the Chief Executive Officer of Pelican Valley Nigeria Limited Amb. Dr Tunde Adeyemo and CEO of Zolakaz Oil and Gas Alh. Sanni Azeez was also present at the event.

 

The Confession 2024 features a series of content creators, comedians, singers and dancers, and artists of different fields such as Dr Smile, Hafeez Oyetoro (Simply Saka), Woli 3310, Chukwuka Jude, Babalegba

Biola Adekunle, Femi Obimodede, Ishau Abidemi, and many more.

 

Below are some pictures from the event…

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Wife drags Ex-UBA Top Shot, Samuel Eziafa Adikamkwu to court over abandonment of family, infidelity …….Petitions IGP over threat to life

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1 month ago

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November 14, 2024

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Federal Capital Territory High Court sitting in Gudu District and presided over by Justice M. Osho-Adebiyi, on Wednesday adjourned to January 19, 2025 a divorce case instituted by Mrs. Loretta Adikamkwu against her husband, Samuel Eziafa Adikamkwu, a former top official of the United Bank for Africa (UBA).

 

The mother of four, Mrs. Adikamkwu has dragged her husband of over 31 years to court for divorce over abandonment of the family for more than four years and alleged infidelity.

 

According to court document seen by our reporter with Suit number PET/073/2023, Mrs. Adikamkwu alleged that her husband packed out of their matrimonial home at Recreation Drive, Cooperative Villas, Badore, Ajah, Lagos and removed almost all his belongings therefrom (which included personal chattels, clothing and six vehicles of assorted brands) leaving behind the petitioner only vehicle (a Toyota land Cruiser) he gave to her some years back.

 

 

She further alleged that Mr. Adikamkwu withdrew all financial support and upkeep to the family, prompting her to desperately begin to dispose of all her belongings, in order to feed herself, the children and meet urgent Sundry costs, arising from the running of the home.

 

She also alleged in Paragraph 6(c) of her petition that after her husband abandoned his family, he was said to have been cohabiting with a lady called Miss Stella Umejuru with whom he regularly travels outside Lagos for business.

 

Mrs. Adikamkwu declared that her husband, who was formerly a Lecturer at Bendel State University, (now Ambrose Alli University), Ekpoma before Ndidi Elumelu, his friend, facilitated his employment by the United Bank for Africa (UBA), has no reason whatsoever not to cater for his family as he is now engaged in booming property business after leaving the bank.

 

 

 

According to the lady, who is a graduate of Bendel State University, she would have been financially independent and be in position to cater for herself and the children but for her husband who stopped her from working several years ago.

 

She stressed that because of the financial difficulties she was facing with her children she was compelled to sell the Toyota land Cruiser which her husband gave to her some years back to maintain the house that was dilapidating, settle numerous bills, including electricity and other sundry expenses.

 

The lady lamented that her husband got furious when he heard she had sold the car and he succeeded in retrieving the vehicle from a car dealer and the issue is now a subject of police investigation as some unknown persons have been stalking her and threatening her life since the family feud erupted.

 

 

However, the Respondent vehemently denies the averments contained in paragraph 6(c) of the petition and states that he does not know, neither is he acquainted with anybody ( lady) called Miss Stella Umejuru, and denies that he lives or travels with either the said lady or any lady at all.

 

The Respondent also denied the assertions contained in paragraph 6(d) of the petition and denied that he has committed adultery or that he has deserted the petitioner.

 

He admitted he is no longer living in the family house in Lagos as he had to “temporally relocate to Abuja when he secured a Contract Appointment with The Abuja Electricity Distribution Company Plc (AEDC) from 2021 to June, 2024.

 

Mr. Adikamkwu added an affidavit in response to his wife’s petition that he “is not aware that there is any debt burden on the family, but states that if there is any such debt, it is personal to the petitioner.”

 

 

Meanwhile, Mrs. Adikamkwu has petitioned the Inspector-General of Police over issues arising from the sale of the Toyota Land Cruiser which her husband gave her several years ago.

 

The letter to the IGP dated 4 October, 2024 titled “SOS-request for urgent intervention in a case of forgery, threat to lives and high handedness by officers of the Bar Beach Police Station, and Zone 2 Command, Onikan, Lagos” was written on her behalf by one of her Lawyers, Benjamin Nwaokenye, Esq of Integrity Partners law firm, Abuja.

 

Part of the letter reads: “We are solicitors to Mrs. Loretta Adikamkwu (hereinafter referred to as “Our client”, at whose behest, we act in this matter. We write to seek your urgent intervention in a looming threat to the life of our client, and a seeming case of forgery perpetrated against her, by Ojebola and Messrs, Sam Adikamkwu, Segun Ajide, Gbenga ASP Churchill of the Bar Beach Police Station, Lagos.

 

 

To put this matter in the right perspective, we are reliably informed by our aforesaid client that: (a) She was hitherto married to one Mr. Sam Adikamkwu , from whom she is now separated and now locked in a bitter judicial process, in a petition for divorce in PET/073/2023, at the High Court of the Federal Capital Territory, Gudu, Abuja).

 

“(b) The aforesaid Mr. Sam Adikamkwu, prior to the aforesaid divorce proceedings, vacated their Badore (Ajah) residence, where he hitherto resided with our client, and removed almost all his belongings therefrom (which included personal chattels, clothing and six vehicles of assorted brands) leaving behind our client, only vehicle (a Toyota land Cruiser) he gave to our client some years back, and strangely, a short machine gun, which was discovered in his wardrobe, in the course of cleaning the house, having forgotten to lock the bedroom door. ( see attached pictures)

 

The aforesaid Mr. Adikamkwu, it must be reiterated, withdrew all financial support and upkeep to our client and the family, prompting our client to desperately begin to dispose of all her belongings, in order to feed herself, the children and meet urgent Sundry costs, arising from the running of the home.

 

“In the course of disposing of her personal belongings, our client contacted one Mr. Segun Ajide, a car dealer, to assist in disposing off her Toyota land cruiser, and thereupon delivered to him, the Original custom and purchase papers of the vehicle, which the dealer demanded.

 

“Mr. Ajide sold our client’s vehicle, debited her with some colossal costs and remitted the balance to our client.

 

“Weeks afterwards, Mr. Ajide contacted our client to inform her that the vehicle had been impounded from the purchaser by Mr. Adikamkwu, with the help of one Mr. Churchill of the Bar Beach Police Station, and thereupon requested our client to intervene.

 

 

Our client insisted on intervening only if a formal invitation was sent to her, which the aforesaid persons could not procure, but resorted to harassing our client.

 

“Mr. Segun was later to inform our client that the vehicle had been released to Mr. Sam Adikamkwu by the Bar Beach Police Station

 

“Upon the request of our client to Mr. Segun Ajide for copies of all documents related to the sale, Mr. Ajide was evasive, until Mr. Adikamkwu filed his answer to our client’s petition wherein, it was discovered that several documents were forged by Mr. Ajide and the eventual purchaser Mr, Odebola, in the alleged sale without probable cause. .

 

“Prior to discovering the forgery, our client had been trailed by strange people, who at different times followed her home, and even laid siege on her place of resident at Recreation Estate Badore, forcing her to flee for her safety, to an unknown location.

 

 

Our client a few days back, received a WhatsApp invitation from the Nigeria Police Zone 2 Command, Onikan, Lagos, which directed her to meet up with someone, only whose phone numbers were stated in the invitation, but upon calling the line, our client was shocked, that the number was not allocated, causing more anxiety that, it must be a setup.

 

“Sir, our client is unable to carry on her normal business and live a normal life because, she has been living in fear for her safety, believing her life is endangered by the activities of Messrs. Adikamkwu, Ajide and Odebola, who from all indications, are behind her travails, having opted to brow’ beating her into retrieving the vehicle for them, and they are all men of means who can effectuate their threats.

 

“We are informed by our client also that, before the situation got to this dimension, Messrs. Ajide and Odebola, who from all indications, are behind her travails, had consistently called our client to know her where about, and had requested she came with them to see some policemen, without any arrest or invitation.

 

 

Sir, we solicit your esteemed indulgence to cause an investigation into this matter, to safeguard the life of our client from people who are determined to use their police friends, to intimidate and endanger our client, taking into consideration: (a) The forgeries executed by Messrs. Segun Ajide, Gbenga Ojebola and Sam Adikamkwu, using policemen from Bar Beach Police station, far removed from Ajah division of the police, in an attempt to cover same up, and revalidate their actions.

 

(b) The threat to our client’s life in the whole circumstance.

 

(d) The release of the vehicle By the Bar Beach police station, to Mr. Adikamkwu, without any probable cause.”

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