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Remarks By Osun Election Tribunal That Adeleke Cannot ‘Go Lo Lo Lo Lo And Buga Won’ As Osun Governor Unwarranted, Condemnable –Appeal Court

Adeleke
March 28, 2023

It, however, added that it doesn’t show that the judicial workers were biased in their judgment which favoured Gboyega Oyetola.

The usage of the popular ‘Buga’ lyric by the Tertsea Kume-led Election Petition Tribunal which earlier ousted Ademola Adeleke as the elected governor of Osun state is unwarranted and condemnable, according to the Court of Appeal in Abuja.

It, however, added that it doesn’t show that the judicial workers were biased in their judgment which favoured Gboyega Oyetola.

A three-member panel of the appellate court led by Mohammed Shuaibu unanimously last Friday overturned the earlier decision of the election petition tribunal which nullified the governor’s victory in January.

The tribunal had wittingly said Adeleke could not “‘go lo lo lo lo’ and ‘Buga won’ as the duly elected governor.”

 

“Consequently, the second respondent did not score a majority of lawful votes cast at the election. The declaration and return is hereby declared null and void.

 

“The second respondent cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun state in the election conducted on the 16th day of July, 2022. See Kizz Daniel song, ‘Buga’. Rather, we hereby hold that the first petitioner scored a majority of lawful votes in the said election and is hereby returned as such,” the tribunal had said.

 

Upholding Adeleke’s victory last Friday, the Court of Appeal held that there was no positive evidence that the judge was biased merely on the remarks "go lo lo lo" and Buga won".

 

It added that the remarks though, unwarranted and condemnable but had in no way affected the conclusion reached by the tribunal.

 

“In the instant case, there was no positive evidence that the judge was biased merely on the remarks ‘go lo lo lo’ and ‘Buga won’. The said remarks though, unwarranted and condemnable but had in no way affected the conclusion reached by the tribunal.

 

“Similarly, the appellant has failed to demonstrate how the remarks cast aspersion on the credibility of the judgment under consideration. Issue 8 is however resolved against the appellant. On the whole, the appeal is meritorious and it is hereby allowed. The judgment of the Lower Tribunal delivered on 27th January, 2023 is accordingly set aside. The appellant is perforce, entitled to costs which I assessed at N500,000.00 against the 1st and 2nd respondents.”

 

The panel also held that the tribunal was wrong to have said that there was over-voting, a claim that only relied on the evidence by Oyetola and the APC, and as such, doesn’t prove their case in any way.

 

The judge faulted Oyetola and APC, that they only relied on the data from the backend server and failed to look at the voter register which forms the foundation of the whole electoral process and as such, cannot strengthen their allegations of over-voting.

 

On the issue of jurisdiction, the court resolved in favour of Adeleke, stating that according to section 285(8) of the constitution, as amended, the court has every right to entertain the appeal.

 

On issue four, the court of appeal faulted the tribunal for rejecting some of Adeleke’s exhibits marked 2RRW4 (which consists of his certificates) on the grounds of forgery.

 

The court held that the issue of forgery against Adeleke has been resolved and dismissed by a superior court.

 

On issues five and seven which borders on over-voting, the appeal court held that the respondents failed to prove their allegation of over-voting.

 

The court further held that the tribunal was wrong to have relied only on the table showing over-voting provided by Oyetola and the APC without giving due consideration to INEC’s voter register.

 

The respondents, according to the appeal court, failed to tender the BVAS machines or call witnesses and experts to testify on over-voting.