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Osun Tribunal and PDP’s Panicky Response to Reality

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Osun Tribunal and PDP's Panicky Response to Reality by Ismail Omipidan

 

By Ismail Omipidan

 

By tomorrow, Thursday, December 1, 2022, the Election Petitions Tribunal sitting in Osogbo will continue hearing in the petition filed by Adegboyega Oyetola and the All Progressives Congress, APC, challenging the declaration of Senator Ademola Adeleke as the winner of the July 16 governorship contest.

 

Before the tribunal adjourned the last time, it ruled that the Independent National Electoral Commission, INEC, should produce Senator Ademola’s certificates and other attachments he filed with INEC when he ran for the governorship in 2018.

 

For those who may be coming across this Tribunal update for the first time and for the records, Oyetola and APC are challenging the outcome of the election on two main grounds.

 

One, that Senator Ademola was not qualified to run at the time he did. Two, that there was over-voting in 749 polling units across 10 LGAs.

 

What are the facts of the issues concerning qualification?

 

Recall that it is common knowledge that, in 2019, Senator Adeleke faced criminal allegations of examination malpractice.

 

He was arrested and brought before the court. He was granted bail, and then he travelled abroad. He however did not show up again until he returned barely a year to the July election.

 

Interestingly, when he was contesting in 2018, he claimed to have registered for GCE O’ Level in 1981 but had F9 in English Language and was recorded absent for other subjects.

 

Ironically, his profile on the website of the National Assembly at the time also indicated that he is a holder of a Diploma Certificate in Criminology from Jacksonville State University (JSU), where he purportedly graduated from in 1986.

 

However, in an investigation carried out by the International Centre for Investigative Reporting, ICIR, at the time, the above claim was faulted by Buffy Lockette, the Director of Public Relations at the university.

 

The fact -check done by ICIR further revealed that while it was true that Senator Adeleke had indeed enrolled at the institution, he was never awarded any certificate.

 

A further inquiry from the West African Examination Council’s website at the time to verify Senator Adeleke’s O’ Level result being paraded then, using examination number 19645/149 came back as “result not available for this candidate in the specified year and exams diet.” So, based on the foregoing, as at 2018, he had no O’Level results.

 

But upon his return, he claimed he has a diploma, awarded to him mid last year, and that the said certificate qualified him for a B.Sc. in Criminal Justice, from the Atlanta Metropolitan State College in the United States.

 

Interestingly, he claimed to have obtained the degree barely 24 days after getting the said Diploma certificate.

 

There are indeed interesting days ahead at the Tribunal, beginning from tomorrow.

 

Before then, below is the review of what transpired in the last three sittings of the Election Petitions Tribunal:

 

Day 1

 

Monday, November 21

 

On this day, an expert witness, Isiaka Olanrewaju, told the Tribunal that he established irregularities in the results used to declare the candidate of the People’s Democratic Party (PDP), Ademola Adeleke, as the Governor-elect by the Independent National Electoral Commission (INEC).

 

He told the Justice Tertsea Kume-led tribunal that he came to that conclusion after analysing the result forms for the election and comparing them with the Bimodal Voters Accreditation System (BVAS).

 

On the same day, the tribunal also struck out the application by the Counsel for INEC, Prof. Paul Ananaba, SAN, filed to set aside the Subpoena issued on INEC for the production of Adeleke’s credentials used in the 2018 Governorship Election.

 

The witness who was led in evidence by the Petitioners’ counsel, Chief Akin Olujinmi (SAN), said he relied on forms EC8As, EC8B, EC8C, EC8D, EC8E and BVAS report released by INEC to arrive at his findings.

 

Under cross- examination by the INEC counsel, Professor Ananaba, the witness said he analysed the results of the election in 749 units across 10 Local Governments as against 762 units being suggested to him by the counsel for the respondents.

 

While INEC counsel put it to him that the witness analysed results of 762 units, he responded: “That is your opinion, I worked on just 749 units. where you see 762, I don’t know”.

 

The witness was also cross-examined by counsel for Adeleke, Onyechi Ikpeazu (SAN), and counsel for the PDP, Alex Izinyon (SAN).

 

He told the tribunal that though he didn’t operate the BVAS machine on the election day on July 16, 2022, he received the Certified True Copy (CTC) of the BVAS report on the 27th of July 2022 after the election.

 

The style of the witness’ testimony however threw the entire court into laughter while mentioning the documents used for his analysis, saying: “I used form EC8A, comma, EC8B, comma, EC8C, comma, EC8D, comma, EC8E, no comma and BVAS report”.

 

He testified that he is an expert who had operated several electronic devices, including BVAS before and was aware that an electoral officer might fail to submit the data imputed into the machine or that if the network was bad, the data submitted would not be successful.

 

Asked again on whether his analysis was done only where the PDP won, the witness said, “I did my analysis across 749 polling units in 10 local governments regardless of which party won.”

 

On the same day, the tribunal also granted an application by Oyetola’s counsel, asking to amend the list of witnesses filed before the panel by including the acronym used to represent their names.

 

Olujinmi had also informed the tribunal that the INEC counsel had filed an application to attack the Subpoena issued by the tribunal on INEC to bring Adeleke’s certificate and other documents he used in the 2018 Governorship Election.

 

Olujinmi said the evidence of his next witness would be based on the documents being requested for, saying he would wait in the calling of the said witness listed as number 2, until the tribunal decides on the application of the INEC counsel.

 

The tribunal had earlier fixed Tuesday, the next day, for the hearing of the application and agreed that the witness should wait until it takes a stand on the said application before the INEC counsel withdrew the application.

 

Upon the withdrawal, the tribunal struck out the application by Counsel for INEC, Ananaba, filed to set aside the Subpoena issued on the INEC for the production of Adeleke’s credentials used in the 2018 Governorship Election.

 

Day Two, Tuesday, November 22

 

On this day, INEC failed to produce Adeleke’s certificates, just as a witness insisted he allegedly forged them.

 

The Osun State Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) told the Tribunal that the State office of the Commission was not in custody of the certificates of Senator Adeleke.

 

The REC was billed to appear before the panel in line with a Subpoena issued on him to produce form CF001 of Adeleke which contained his credentials used for the 2018 governorship election.

 

At the resumed hearing, the counsel for INEC, Professor Paul Ananaba, had told the tribunal that REC could not be brought to court, because he was not aware that the application filed against the Subpoena issued on him had been withdrawn.

 

After series of arguments, the tribunal Chairman, Justice Tertsea Kume, insisted that whether there was an application against the Subpoena or not, REC or his representative was supposed to be in court to bring the documents requested.

 

The proceedings then took a dramatic turn when, suddenly, the representative of REC, Mr. Sheu Mohammed, the Deputy Director, Election and Party Monitoring who had been in court abinitio rose and told the court that he was around to represent REC.

 

It was at this point that INEC Counsel also retracted his statement and said he had just been informed that the representative of REC was around.

 

When asked to produce the documents requested for, Mohammed told the tribunal that the State office of the commission was not in custody of the documents, saying the copies given to it had been discarded shortly after the 2018 election.

 

He said: “We are not in custody of the documents. The documents were submitted to the National Headquarters. We were only given photocopies by the National Headquarters for display.

 

“After we might have done with litigation, the only record we kept in our office are form EC8A Series. ”

 

Asked by the tribunal to produce the said photocopies given to the State office, the witness said: “We don’t have the photocopies again. We have decongested our system”.

 

Counsel for Oyetola, Chief Akin Olujinmi (SAN), subsequently argued that the attitude of REC was mainly not to obey the tribunal’s order issued on REC to produce the documents.

 

He said even if the State office of the Commission did not have the requested documents, “REC is representing INEC here and he has a duty to obtain the said documents at their National Headquarters and he has not said that the National Headquarters cannot find that document.

 

“So, he cannot excuse the duty of obedience to that Subpoena by his lame explanation that it was submitted to the national headquarters.

 

“My Lord, I will apply that your Lordship should direct REC to approach the national headquarters and obtain the said documents. They had disobeyed the first order and if they like they should disobey the second order”, Olujinmi argued.

 

The tribunal subsequently directed Oyetola’s counsel to Section 253(2) of the Evidence Act which indicates that violator of such court order is liable to arrest and commission to prison.

 

Oyetola’s counsel said he was only being humane, as he would have applied for committal, saying “police is here to arrest him. I don’t see how you can escape from this one”.

 

Responding to the arguments, counsel for INEC, Professor Ananaba, said, “the representative of REC is here and REC is different from INEC. So, the Subpoena has been complied with because the representative of REC is here to tell the court he is not in custody of the said documents.”

 

He argued that the tribunal does not have the power to make another order in the same line, claiming that the first order had been complied with.

 

Counsel for Adeleke, Onyechi Ikpeazu (SAN), in his own objection said since the documents requested to be produce by INEC are Certified True Copies (CTC), it can be applied and paid for, without necessarily bringing REC to court.

 

He then argued that based on the fact that the petitioners already have the CTC at their disposal, they should be compelled to continue with the calling of the witnesses whose testimony hung on the documents requested from INEC.

 

Counsel for PDP, Alex Izinyon, SAN, also said that since the petitioners already have the documents in question, they should be compelled to call the witness.

 

Olujinmi while replying said the respondents’ counsel lost track in the course of their arguments, saying there was an order of the court through subpoena which have not been complied with.

 

He noted that counsel in the case ought not to do anything that will obstruct the proceeding of the court, saying the issue of the Subpoena is sufficient enough to compel the INEC again to produce the documents.

 

The tribunal then adjourned ruling in the argument of counsel on the failure of INEC to produce the said documents till Friday, 25th November.

 

Meanwhile, one of the Petitioners’ witnesses, Evangelist Rasak Adeosun, while giving evidence before the panel, told the tribunal that Adeleke did not attend any university, hence he could not have obtained any certificate.

 

Asked by Adeleke’s counsel whether he was a staff of the university attended by Adeleke, Adeosun replied: “Did he attend any university? How would I be a staff of the university he didn’t attend”.

 

He insisted that Adeleke does not have any certificate, just as he told the panel that “I know that there is over-voting, as the total number of the votes cast is more than the accredited voters on BVAS reports.

 

Adeosun, who served as the State collation agent for the APC hinted that he received reports of the happenings in the polling units on the election day and discovered that there was no substantial compliance with the INEC guidelines and the Electoral Act in the contentious 749 polling units.

 

Day 3, Friday, November 25

 

This day, which was the last day of the sittings for the outgone week, the PDP’s panicky response to reality dawned on it as the Tribunal insisted that the INEC Chairman must produce Adeleke’s certificates.

 

The order followed the failure of the State Resident Electoral Commissioner (REC) of the Commission to produce the certificates in the previous sitting in compliance with the Subpoena issued on the Commission.

 

In the ruling, the Justice Tertsea Kume-led Tribunal said an application for Subpoena is in Administrative Act and when it is granted, it becomes Judicial Act and the party upon which the Subpoena is issued must comply, citing Section 218 and 219 of the Evidence Act.

 

It ruled: “An order of the court is bound to be complied with by the party upon which it was made until it is set aside by the court. In the instant case, the order has not been complied with.”

 

The tribunal further held that the request by the respondents that the petitioners should continue with the calling of the witness whose testimony is hinged on the Adeleke’s credentials was baseless, as the petitioners have the absolute prerogative on how to conduct their case.

 

It held further that the Petitioners have shown sufficient reasons for the tribunal to compel the the National Chairman of INEC to produce the documents in question.

 

It then dismissed all the objections raised by the counsel for INEC, Adeleke and PDP, and compelled the National Chairman of the Commission to produce the documents in the next sitting of the panel on Thursday, December 1.

 

Counsel for the Petitioners, Chief Akin Olujinmi, SAN, described the ruling as a well- researched one, saying it would go a long way in serving the course of justice in the hearing of the petition.

 

Addressing journalists shortly after the proceedings, Chief Olujinmi, said the court has done the right thing by reordering INEC to produce the requested documents containing Adeleke’s certificates.

 

Counsel for INEC, Professor Paul Ananaba, SAN, also conceded, saying they were ready now to follow the order of the court by producing the requested documents.

Last line

Will they produce the certificates? It seems only time will tell.

 

Omipidan, a journalist and former Assistant Editor (Politics) at The Sun, is the media aide to Oyetola

Opinion/Feature

Downstream Deregulation: Between Obasanjo’s Half-measures And Tinubu’s Bold Leadership

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By Temitope Ajayi
A video of former President Olusegun Obasanjo’s interview with News Central Television has been trending on social media platforms for the past week. In the interview, the former President, in a veiled reference to the current administration, said Nigeria has a President who came into office without a plan. Yet, the same ‘planless’ president is implementing a bold economic reform programme that Obasanjo initiated and abandoned mid-way.
This intervention is essentially about a tale of two leaders and how they both handled fuel subsidy removal, a very touchy issue every president of Nigeria has avoided since 1973 because of its disruptive nature and potential to precipitate a pushback that may lead to civil unrest. This serious matter in itself can make a difference between a bold and courageous leader from one that is pretentious and hesitant.
It is a fact of history that one of the things former President Obasanjo set out to do, among other reforms his administration embarked upon, was complete deregulation of the downstream oil industry. But hard as he tried, he failed to actualise it. Obasanjo faced so much opposition from organised labour and civil society groups that he abandoned a good policy that would have led to massive economic gains for the country. All he could muster the courage to do was to raise the pump price four times during his two-term tenure.
Twenty years after Obasanjo failed to implement complete downstream deregulation, President Bola Tinubu had the courage of his conviction to implement the policy, redirect the economy, and ensure efficiency in the management of public finance.
Despite his foibles and messianic complex, former President Obasanjo is no doubt a remarkable leader. His administration opened the economy and implemented essential reforms that his immediate successor should have continued with. What most critics find offensive about the former president is how he sees himself as the only saviour God created for Nigeria. As far as he is concerned, no other leader before and after him has been good enough. For context and clarity, it is essential to recall the former president’s position on deregulating the downstream oil sector when he was in charge.
In a national broadcast on October 8, 2003, President Obasanjo expressed his frustration and anger at the Nigeria Labour Congress for its opposition to the deregulation of the downstream sector to the point of accusing labour leaders of sedition thus:
“As you are aware, my government has embarked on fundamental reforms designed to depart from the waste and unproductive exercises of the past and leave lasting legacies for the prosperity and improved welfare and well-being of all Nigerians. Since 1999, we have gradually but steadily embarked on the programme of liberalisation and deregulation of the Nigerian economy to promote efficiency and effectiveness of service delivery. Most Nigerians and certainly all organised key stakeholders in the Nigerian economy, including the Nigeria Labour Congress, have endorsed the deregulation programme of government.
“It is a fitting symbol of our administration’s commitment to the welfare of workers and in an effort to cushion the effects of deregulation that the government provided 80 buses to the NLC in 2002. The transliner buses were delivered to the Congress for management without government interference. It is noteworthy that every step taken to deregulate the downstream oil sector has been dogged by, sometimes, irresponsible opposition by the Labour Congress. The result has been that we took too little steps to achieve no meaningful and satisfactory progress. We have tolerated all of these in the interest of promoting popular dialogue and informed dissent.
“Let me inform Nigerians that when government first came up with the deregulation programme, it was endorsed by the NLC and other stakeholders. In fact, the NLC had requested that we call it a “liberalisation” programme. It was thus more a matter of label than of substance. If we had been successful in implementing the deregulation or liberalisation of the downstream oil sector as earlier agreed by all stakeholders, including labour, we would not have been worrying about the periodic and unsatisfactory price-fixing which has led no where except to frustration. The failure to fully deregulate or liberalise has also cost Nigerians billions of naira which are currently wasted on millions of man-hours in queues at the petrol stations.
“The tens of billions of naira currently being lost in money that could have been used to increase capital spending in the universities, fund agriculture, repair and rehabilitate our roads, invest in education and health, improve security with extra police for security of lives and property.
“Realising that the investment of well over $400 million (excluding pipelines and depots) in the last six years mostly on Turn Around Maintenance (TAM) and repairs had not improved the performance of the refineries significantly, government had decided that it was unwise to put additional money into the repair of the Kaduna and Port Harcourt refineries before privatising them.
“What most Nigerians must know is that the contracts for the Turn Around Maintenance for the Kaduna and Port Harcourt refineries were awarded with 50% of the cost paid upfront before the advent of this administration in 1999. Allow me to add that two of the three refinery locations in the country today, were built by my administration as military head of state. This means that if for no other reason, I should be interested in keeping them working. Already, 18 private firms have been licensed to build refineries but they have been reluctant to go into the industry because of Government’s price control in the sector.
“If only 30% of these firms had been able to establish and operate private refineries, thousands of jobs would have been created and Nigeria would have been in a position to even export refined oil products. All these benefits and more have been denied to Nigerians by the stop-go approach to the deregulation or liberalisation programme, and only a few Nigerians are benefiting from the prevailing government-controlled system. In fact, the NLC’s approach has been counter-productive, and inflicted more pains on Nigerian workers. Each time there is a small increase of three naira or more, transporters have used the opportunity to jerk up transportation cost thereby making the ordinary worker poorer.
“A once-and-for-all total deregulation would have meant a once-and-for-all increase in transport cost and the pump price for petroleum products. Without a doubt, a once-and-for-all total deregulation would have resolved the problem of availability and thus bring down prices for those outside Abuja, Lagos, Port Harcourt and their environs who have always paid much more than the official posted price. Pump prices arising from the present total deregulation would, in reality, amount to a reduction in prices of majority of Nigerians.”
Interestingly, excerpts from the 2003 national broadcast by President Obasanjo present a contrast between the former leader and President Tinubu. They also showcase two leadership visions. One leader saw the need to fight for the country’s long-term sustainability but chickened out because he lacked the courage to upset the status quo. Two decades later, another leader saw the damage the failure to make the right economic decision had caused the country. He decided to correct it to avert a looming calamity. While former President Obasanjo left the most challenging task of his presidency undone, President Tinubu tackled head-on what has become an existential threat to our collective well-being from his first day in office. He has remained focused on the bigger picture.
President Tinubu recognises the burden of leadership and responsibility he bears on behalf of Nigerians. In discharging this burden, he knew from day one that he would have to make the right but unpopular decisions that would ultimately serve the best interest of the country and her people.
It is certainly not correct to say this president came to the office without a plan. President Tinubu came into the office with a clear plan titled “Renewed Hope 2023: Action Plan for a Better Nigeria.” It was a well-thought-out programme, with which he canvassed for votes across the country and was elected by our people.
In the past 17 months, he has remained faithful to the document as he implements the distilled eight-point agenda.
At the heart of President Tinubu’s economic revitalisation is gas development and expansion of gas pipeline infrastructure to enable Nigeria to compete with Russia in the European markets. In fairness to him, former President Obasanjo himself recently lamented he did not pay adequate attention to gas during his term of office.
Expanding the pool of available talents and human capital through granting of loans to young Nigerians who are the future of the country to enable them acquire tertiary or vocational education is part of the plans that propelled Tinubu into office. Consumer credit initiative that will promote local production and further stimulate the economy is also high on Tinubu’s action plan. To the President’s credit, these two important policy initiatives among several others are being implemented through NELFUND and Nigerian Consumer Credit Corporation (CrediCorp).
If there is one President of Nigeria that came prepared and well armed with a clear cut plan to reposition the country across sectors for better outcomes, that President, undoubtedly, is President Bola Ahmed Tinubu.
-Ajayi is Senior Special Assistant to President Tinubu on Media and Publicity
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Opinion/Feature

UNCOMMON SCHOLAR, EXCEPTIONAL ADMINISTRATOR: MY TRIBUTE TO PROF. OLOYEDE AT 70

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By President Bola Tinubu

As Professor Ishaq Oloyede turns 70 tomorrow, October 10, I pay a special tribute to this astute administrator, educator, author, and scholar, currently the Joint Admissions and Matriculation Board (JAMB) Registrar.

As the former Vice Chancellor of the University of Ilorin, Prof. Oloyede’s invaluable contributions to the nation through academia and public-sector administration have significantly impacted the academic community.

ALSO READ: Tinubu Congratulates Zainab Shinkafi-Bagudu On Her Election As President, UICC

His impactful tenure at the University of Ilorin, during which he introduced landmark ideas and innovations that helped the institution attain enviable heights, is on record.

Through patriotic dedication and commitment to his craft, Prof Oloyede imparted knowledge and character to thousands of students who underwent his teaching during his glorious and impactful academic career.

Indeed, the bedrock of development lies in education. Developing nations, including Nigeria, are in dire need of more scholars like Prof. Oloyede. His selfless sacrifices and innovative approaches to learning and leadership give hope for a brighter future.

Perhaps more remarkable is Prof. Oloyede’s transformative leadership at JAMB. He pioneered and sustained a series of reforms and technological innovations that have made the admission process in Nigeria transparent and credible.

In his eight years of stewardship at the board, thus far, Prof. Oloyede has demonstrated an uncommon commitment to financial integrity and accountability in public service. He has also raised the bar in administration and management.

I am proud of Prof. Oloyede’s accomplishments.

The nation owes the Professor of Islamic Jurisprudence a debt of gratitude for transforming JAMB, traditionally a non-revenue-generating government agency, into a consistent contributor to the national treasury through efficient financial management. His contributions to JAMB are invaluable and greatly appreciated.

On this occasion of his 70th birthday, I join members of the academic community, students, JAMB staff, and well-wishers in celebrating this scholar who, in words and deeds, has also done a lot to propagate the Islamic religion.

I pray that Almighty Allah will continue to honour the distinguished professor with health, wisdom and strength to serve the nation for many more years.

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Opinion/Feature

Clarification On NNPCL Refinery Operations

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By Sen. Heineken Lokpobiri PhD

My attention has been drawn to statements made by Engr. Kamoru Busari, Director of Upstream in the Ministry of Petroleum Resources, who represented me at a recent conference in Lagos. I wish to categorically state that the claim that I directed the Nigerian National Petroleum Company Limited (NNPCL) to stop running its own refineries and focus solely on equity participation in other refineries is false. This does not represent my position as Minister overseeing the oil sector, nor does it reflect the stance of the Federal Government.

It is important to clarify that NNPCL is a company governed under the Companies and Allied Matters Act (CAMA), with a functional board and management. The Ministry of Petroleum Resources does not control or run NNPCL, as it operates independently like any corporate entity.

ALSO READ: NNPC/Seplat JV’s “Eye Can See” Programme Restores Vision, Hope In Imo

The oil and gas sector is fully deregulated, and the Nigerian government remains committed to promoting in-country refining. We encourage companies, including NNPCL, to operate independently, following global best practices. While we provide strategic guidance, we do not interfere directly in the operations of these companies.

I reaffirm our commitment to supporting the growth and independence of NNPCL, ensuring that its operations are in line with international standards for efficiency and transparency and profitability.

Sen. Heineken Lokpobiri PhD, Minister of State Petroleum Resources (Oil), wrote from Abuja, Nigeria

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