Exclude Segun Oni From Ekiti Re-run Poll

The sham former Governor Segun Oni who illegally ruled Ekiti State for close to two years in clear violation of the 1999 Constitution should not be allowed to participate in the re-run Governorship Poll ordered by the Court of Appeal, Ilorin.

Segun Oni and his co-travellers committed high treason against the laws of Nigeria by illegally usurping the exalted office of Governor of Ekiti State since May 29, 2007 till he was ousted from power.

After a careful study of the verdict of the Court of Appeal, Ilorin, the most plausible conclusion for all Nigerian patriots is that the exclusive beneficiary of the electoral heist in Ekiti State on April 14, 2007 was Oni and he must not be allowed to enjoy the benefit of taking part in the re-run poll.

Segun Oni occupied the exalted seat of Ekiti State Governor in flagrant violation of the laws of Nigeria and against the democratic choice of the electorate.

The case is akin to an arrested armed robber who, upon conviction, losses everything, including his life, to the state. No armed robbery convict is allowed to go away with his loot.

The offence committed by ex-Governor Oni’s case is not different from what the late D.S.P George Iyamu, Lawrence Anini and Monday Osunbor did against Nigeria. These individuals not only lost their lives at the firing squad upon conviction, Iyamu particularly forfeited all his property to the government. Vote robbers and beneficiary of vote robbery are worse than Iyamu, Anini and Osunbor.

The Independent National Electoral Commission (INEC) should begin the process of redeeming its battered image by excluding Segun Oni from the re-run poll.

Until the court exposed him, Oni carried on his treasonable felony in public office as if he was the choice of the electorate.

Since the judiciary has pointed the way forward for Nigeria’s greatness as a democratic nation, all promoters and participants in electoral banditry who infringe the provisions of the Constitution of the Federal Republic of Nigeria, our only sovereign fatherland, should be disallowed from enjoying continued stay and participation in decent contests.

By Gbenga Fayemiwo

Ekiti Verdict Is ‘Red Card’ For Vote Robbers – Aregbesola

Today’s verdict of the Court of Appeal, Ilorin that ordered a re-run of the Governorship poll in ten Local Governments of Ekiti State has again demonstrated the courage of the Nigerian Judiciary to deter vote robbery and hijacking of the democratic wish of the electorate.

The verdict, though fell below the expectation of the public which opinion showed that Fayemi won the poll fair and clear, has again exposed the Independent National Electoral Commission (INEC) led by the discredited Professor Maurice Iwu as unreliable for the achievement of the democratic wish of Nigerians.

We have always insisted that the 2007 Poll will be the last time that the democratic choice of the electorate will be shamelessly thwarted and mortgaged by INEC that connives with the ruling Peoples Democratic Party (PDP) to ensure that the votes of the voters do not count.

We salute the valiant people of Ekiti State for successfully throwing off the odious yoke of being ruled by the illegitimate Governor and his dog handlers.

As it has happened in Edo and Ekiti, the people of Osun State are expecting the wheel of justice to remove all toxic votes used to impose an illegitimate regime on them.

Among others, we have discovered that alien ballot papers that were not listed on the schedule of distribution of electoral materials were used by INEC to reverse the democratic choice of the people on April 14, 2007.

As if this was not enough, agents of the opposition Action Congress (AC) were gunned down like guinea pigs in Ikirun, Ile-Ife, Igbajo and other towns where the PDP was returned as winner.

This verdict has again boosted our confidence that the Nigerian Judiciary will no longer allow vote robbers to occupy the corridors of power.

Our courts have again moved ahead in making a bold and courageous statement that democracy in its purest and transparent state remains the only choice for freedom loving people.

The vedict in Ekiti State is a clear ‘red card’ for vote robbers who have taken a strong cue from ex-President, General Olusegun Obasanjo and his do-or-die politics.

We assure the people of Osun State that justice is coming on the way to flush out the fugitives of the law and enthrone righteousness at Oke-Fia Government House in the fullness of the time of God.

Gbenga Fayemiwo Media Director to Engineer Rauf Aregbesola, Action Congress Gubernatorial Candidate for Osun State in the April 14 2007 elections

BREAKING NEWS: Appeal Court Nullifies Oni’s Election in Ekiti

Dr. Kayode Fayemi

  • Orders Re-Run In 10 Councils

The Nigeria’s Court of Appeal sitting in Ilorin, Kwara State capital, this afternoon nullified the election of Mr. Segun Oni as Governor of Ekiti State, and ordered for a re-run of elections in 10 local government areas within the next three months.

Mr. Segun Oni was also ordered to hand over the reins of power which he has abused over the last 21 months, to the Speaker of Ekiti State House of Assembly, Hon. Olatunji Odeyemi.

The ruling was read by Justice Adiza Gana Mshelia.

Supporters of Dr. Kayode Fayemi the Gubernatorial candidate of the ACTION CONGRESS AC in Ekiti State burst into wild jubilation at the ruling as they felt finally vindicated by the electoral heist and dubious INEC manipulation of the outcome of the election in 14 April 2007.

Dr. Fayemi had appealed against the verdict of the election petition tribunal which had last year declared Oni winner.

The Appellate Court overturned the decision of the lower court which had upheld the INEC declaration of Oni as Governor of Ekiti State.

The Speaker and soon-to-be Acting Governor Olatunji Odeyemi was elected after a protracted battle removed the former Speaker – Richard Olufemi Bamisile, who was seen as Oni’s hatchet man in the House, on the 8th of july 2008, by 18 out of the 26-member Assembly.

Drama As INEC Counsel Disappears In Court

Independent National Electoral Commission (INEC), NigeriaThere was a mild drama at the Court of Appeal, Ibadan, yesterday as counsel to the Independent National Electoral Commission (INEC), Mr. F.E. Abbe suddenly disappeared without notifying the court.

He was scheduled to appear as counsel to the 2nd to 37th respondents (INEC) in the appeal filed by Mr. Johnson Oyebamiji Akinremi of the Peoples Democratic Party (PDP) against the election of Hon Ipoola Binuyo of the Action Congress (AC) who represents the Ife North state constituency in the Osun State House of Assembly.

When the case was mentioned, Abbe was not available to enter his appearance.

When the matter came up for mentioning, Justice Dattijo Muhammad asked who was the counsel representing INEC.

Counsel to the PDP, Mr. Remi Abimbola rose and told the court that the INEC counsel was F.E. Abbe who was in court earlier.

Justice Muhhammad confirmed seeing Abbe earlier and queried his where about.

Abimbola, counsel to the PDP again told the court that Abbe was ill adding that he had been mandated to ask one of the counsel appearing with him to hold his brief.

This prompted the panel chairman to again query why the INEC counsel should leave without informing the court.

The court was to have listened to the adoption of written addresses on the notice of preliminary objection filed by the Action Congress (AC).

The two-ground preliminary objection was contending that Mr. Tewo Lamuye, Counsel for INEC from Otunba Kunle Kalejaye’s chambers who appeared for the 2nd to 37th respondents at the lower tribunal also signed and filed the appeal filed by Akinremi of the PDP.

This act by Lamuye, in the contention of Binuyo, was in clear violation of the provision of the law.

Counsel to the respondent, Mr. Tajudeen Abdulwahab, also contended that Lamuye had held brief for INEC to defend Binuyo’s election at the lower tribunal.

He observed that it was strange that the same Lamuye not only signed the appeal brought by the PDP against Binuyo, he was said to have filed it in the court registry.

Furthermore, the AC’s counsel argued that the application by his client was to challenge the competence of Akinremi’s appeal stressing that it is not the law that the counsel who appeared for INEC, one of the respondents at the lower tribunal should now appear for the appellant, the PDP.

Abdulwahab posited that when an appeal is filed, both the appellant’s counsel and the appellant are both co-appellants.

When it was clear that Abbe was not available, the court adjourned till March 23, 2009.

Speaking to journalists later, Abdulwahab stated that since the appeal was filed, INEC was yet to file any papers.

According to him, INEC as the umpire in the poll, was supposed to defend the exercise any time it is challenged adding that what Abbe and Lamuye have dome suggested alleged collusion between IN EC and the PDP.

The case has been adjourned till March 23, 2009 when INEC is expected to be represented in court.

Three College Of Education Students Die In Ilesa

Osun State College of EducationTHREE students of Osun State College of Education, Ilesa, Osun State have reportedly died in a fatal accident in front of their school gate as the motorcycle conveying them had an head-on collision with an approaching vehicle.

The students, a male and two females, who were to resume lectures at the college died on the spot before any help could arrive.

According to an eye witness account, the deceased students were on the motorcycle, returning from a protest on the school campus when they ran into the approaching vehicle.

The driver of the vehicle, with registration number AE805EFY was said to have been carried away by the large crowd of students that gathered around the college gate.

Some of the students who spoke with OSUN DEFENDER at the scene of the accident in an emotion-laden voices blamed the college management for the ugly incident.

A student, Miss Ayo Raimi, emphasized that if the management had heeded the call of the students, the accident victims would have been in their lecture rooms and this incident could have been averted.
She stated that the college authority does not show concern about the welfare of the students, saying that the protest the students embarked upon was as a result of the management insensitivity to the plight of the students.

As at the time of filing this report, the names of the deceased students could be ascertained, as their bodies had been taken to Wesley Guild Hospital in Ilesa for post-mortem.

Efforts to speak with the college provost and the disbanded Student Union President proved abortive as the Provost, Mr E.O Awosolu was said to have left the campus for fear of possible attack by the students.

The students’ leader, according to one of the them, was within the campus leading the protest against the management, as his mobile phone number did not respond.

Group Flays Oyinlola Over OBJ/Atiku Truce

Olusegun Mayegun and other civil rights activistsA coalition of civil society organizations in Osun State has described the role of Governor Olagunsoye Oyinlola in the truce between the former President Olusegun Obasanjo and his vice, Atiku Abubakar as a “pretentious reach to statemanship and ploy to deceive Nigerians”.

The group at its press conference last Thursday stated that the peace deal between Obasanjo and Atiku would not affect the ongoing governorship litigation between the embattled state governor and Action Congress (AC) candidate, Engr. Rauf Aregbesola.

According to the convener of the conference, Mr. Olusegun Mayegun, the so-called truce has absolutely no effect on the struggle to retrieve Osun back from those who have hijacked the political liberty of the people.

Some Peoples Democratic Party’s (PDP) chieftains have been speculating that the former vice-president would influence the outcome of the litigation.

However, the group was confident that justice would be done by the judiciary. Those at the briefing were: Omolola Sola (National Youth Democratic Network); Awa Banyi (Coalition for Better Nigeria) and representative of the National Association of Nigerian Students (NANS).

The group described Oyinlola, a former military administrator of Lagos State as a masquerade, who disguises as a democrat.

Mayeigun wondered why the embattled governor was castigating Aregbesola as a stubborn, recalcitrant and unyielding politician, adding that he (Oyinlola) continues to rule in a military manner, which put him in the bad record of global human rights societies.

He further stated that his manner was mean and he (Oyinlola) was revealing his intolerance as a civilized conduct, which Mayegun said was not in line with the accepted practice in any democracy world-wide.

His words: “As the administrator of Lagos State, he supervised the arrest of human rights and pro-democracy activists, including the late Abraham Adesanya, Kola Abiola and other members of the bereaved family of the assassinated Alhaja Kudirat Abiola.

“It took a change of government for the truth to be revealed that Oyinlola’s paymaster and mentor actually exterminated the vibrant heroine of democracy and several others.”

By SHINA ABUBAKAR

College Students Protest Illegal Fees

Osun State College of EducationSTUDENTS of Osun State College of Education (OSCE), Ilesa, Osun State last Thursday held the lecturers and management of the institution to ransome while protesting the suspension of the students’ activism and imposition of illegal fees.

The students, who arrived the college as early as 7am, locked out the lecturers and other members of staff of the college, including the college Provost, Mr. E. O Awosolu.

Professor Awosolu, who was short of words, could not respond to any of the questions put to him by OSUN DEFENDER, as he only replied that he had nothing to say.

However, reports made available to the medium revealed that the provost, at a meeting of the management, instead of mobilizing the authority towards dealing with the problem, said that he had only a vote in the matter and resolved to maintain the status quo.

A student of the college, Mr. Akintunmi Alade who claimed to be a senator in the proscribed students’ union said that the decision of the management to monetize all activities in the school are detriment to the students.

He also disclosed that it was a criminal act for the management to charge extra thousands naira on the students who pay their schools fees instalmentally, saying that initial increment from N3,500 to N13,500 still has negative impact on many indigent students.

Alade further disclosed that the college authority suspended students’ unionism on the campus because of its sinister plan, adding that only departmental governors were allowed to speak for students on the campus.

According to him, it was when the governors could no longer bear the situation that they called on the whole students body to rise up and fight for their rights, which was responsible for the crisis.
The student-activist maintained that peace would not reign in the institution until the management and other stakeholders, and departmental governors meet and iron out the illegal N1,000 charged the students of the college.

At the time OSUN DEFENDER visited the campus, all the lecturers and other members of staff of the college were peacefully escorted out of the college campus.

An elderly parent, who spoke with the medium on the issue, berated the college management over its extortion of the innocent students, who are still struggling to come to term with the recent fee increment.

The parent however, called on the state government to intervene in the situation and sanction the college authority over its illegal acts.

According to the source, it was time we start doing things the right way, I mean the government should deal with the authority rather than witch-hunting the students who are victims of illegal extortion.

Aregbesola’s Aide Carpets Oyinlola, Over UNIOSUN’s Honorary Degree

OyinlolaONE of the media aides to the Action Congress (AC) governorship candidate in Osun State, Engineer Rauf Aregbesola, Mr. Gbenga Fayemiwo has carpeted embattled Governor Olagunsoye Oyinlola of the state over the controversial Honorary doctorate degree recently conferred on him by the Osun State University (UNIOSUN).

Fayemiwo in a statement made available to OSUN DEFENDER in Osogbo on Thursday said that Oyinlola was, through the controversial honour, dressed in a borrowed robe.

Wondering why the university could award a degree to Oyinlola, when it was yet to graduate any student through the proclamation of any of its faculties, Fayemiwo said that the university, through the award of the degree, has failed to protect its integrity and honour.

He said: “Universities are known for drawing great latitude of public respect from the quality of graduates they produce and the prowess they achieve in the labour market.

“UNIOSUN is yet to graduate a single student and has become the only university in the whole world to award a degree, when it is yet to graduate a student through the proclamation of any of its faculties.

“What happened in Osogbo, whereby an unprecedented honorary doctorate degree was conferred on its visitor by UNIOSUN was a sacrilege and a denigration of academic integrity, dignity and self-respect”, Aregbesola’s aide said.

Fayemiwo further accused the university of turning itself into a public relations tool of the ruling Peoples Democratic Party, (PDP) to celebrate Governor Oyinlola’s 58th birthday.

According to him, since the authorities of the institution has bestowed, what he called, unethical honorary degree on Oyinlola without moral scruple; the time-tested self-respect and dignity of the owner of the institution and universal community of academics has been assaulted.

“The result of this inadvertent political gambit by UNIOSUN will certainly be redressed by posterity when history will determine who was right or wrong.

“Had it been that Oyinlola realized the implication of the honorary doctorate degree, he would have in good conscience, advised that it should be done when he is not in the saddle as the visitor to the institution.

“We offer a condolence to Governor Oyinlola for not being able to reject a Greek Gift from UNIOSUN that has dressed him in a borrowed robe, laced with the burden of immorality,” Fayemiwo said.

By KAZEEM MOHAMMED

Oyinlola Celebrated Dubious Victory – Aregbesola

Engr. Rauf Aregbesola Symbol of HOPESEQUEL to the confusion caused by the celebration of the embattled Osun State Governor Olagunsoye Oyinlola over the rejection of the call-log application by the Court of Appeal, sitting in Ibadan, Oyo State, the state Action Congress (AC) governorship torchbearer, Engineer Rauf Aregbesola has returned the salvo to the camp of the governor, saying that the celebration has given away the embattled state helmsman as an interloper.

Speaking to newsmen in Ilesa shortly after his observation of Jumat service at Ilesa Central Mosque, Ereja Square, Ilesa, Osun State on Friday, the political maestro who was a former Commissioner for Works and Infrastructure in Lagos State told the Okuku-born Prince to open his eyes to the reality on ground, saying that upon usurping the power, Oyinlola has not found legitimacy to justify it.

“I do not know whether you (pressmen) have observed it that each time I mark my presence in any part of the state, there is always a positive uproarious from the people. That is to tell you that one can steal a mandate, but no one can steal legitimacy, and that is what is happening”, Aregbesola said.

Reacting on the rejection of the call-log evidence at the Court of Appeal in Ibadan, Oyo State Capital, Aregbesola said that the decision of the court to reject the motion did not have any bearing effect on the avalanche of evidences at the court, saying that the call-log was not in anyway germane to the merit of the petition presented before the court.

“I was told that Oyinlola and his ignorant supporters were celebrating the rejection of the call-log, but I must tell our people in Osun State that it was a celebration of dubious victory, which has no life span to stand the test of time,” Aregbesola asserted.

According to him: “Let the interloper and his rented crowds know that they were only celebrating a dead meat, a dubious victory, which has no effect on our struggle to liberate our people from bad government, and I am very optimistic about our case at the appeal court.

Speaking on the new-found relationship between the AC presidential candidate, the former Vice-President Atiku Abubakar and his estranged boss, General Olusegun Obasanjo (retired) which was said to have been facilitated by Oyinlola, Aregbesola maintained that it was a mission to no-where.
The colourful politician said that he would borrow a leaf from Williams Shakespeare, who says that “life is a tale told by a fool, full of sound and fury, signifying nothing”, maintaining that the new-found relationship is a tale that has no bearing.

Speaking on the effect of economic meltdown on Osun State, the Ijesa-born governorship candidate said that the case of Osun State as touching the crisis was unfortunate at a time, according to him, when an interloper was ruling, noting that the budget for 2009 fiscal year has further exposed the ignorance of the people at the corridor of power as touching governance.

“I have flipped through the budget break-down and I can tell you that the governor has not disappointed us as an interloper by that budget because, the content has shown me that the people at the corridor of power ought to present themselves for psychological test, because what I saw there were eyesore, visionless and focusless, and I promise to appraise the budget in due time to show our people that the usurper has prepared a death-knell for the state,” Aregbesola reiterated.

X-raying the budget further, the AC torchbearer said that a responsible government, facing the reality of economic recession ought to have resorted to the submission of the late sage, Chief Obafemi Awolowo on the introduction of Structural Adjustment Programme (SAP) in 1983.

Aregbesola said: “Awolowo wanted a responsible and responsive government to project 70 per cent for the capital expenditure and 30 per cent for the recurrent expenditure in order to cushion the effect of a sharp economic crisis, but the case is opposite in Osun, as misapplication of funds on a French Polytechnic which has no effect on the lives of the people”.

Aregbesola wondered why the government chose to invest in a French-oriented Polytechnic at the rate of one billion naira, when the capital and recurrent expenditure of all higher institutions of learning combined could not match the fund, saying that the governor should endeavour to tell the people about the benefit of the French Polytechnic over the people-oriented projects that are begging for attention.

According to him: “Awolowo wanted a responsible government to redouble efforts during an economic crisis by investing 70 per cent over a capital expenditure and 30 per cent on the recurrent expenditure in order to cushion the effect of austerity, but the government of Oyinlola has settled for a French-oriented polytechnic over pro-people project”.

Carpeting Oyinlola’s administration for squandering the state funds accumulated into the state from the federal allocation and oil wind-fall in the past, he reiterated that the spentthrift action of the governor has started taken toll on the people of the state.

“This government appears to have gone mad completely. People are suffering, and the government is busy distributing cars to the politicians and their wives; there is mass unemployment, and the government is budgeting one billion naira for a French-oriented polytechnic. Please, can you draw inferences from the contrast above?” Aregbesola puzzled.

The AC governorship candidate assured the people of the state that their suffering in the hands of “the minimalist administration of Oyinlola shall not be in vain”, as they would have a cause to smile soonest.

By OUR REPORTERS

AC Berates Oyinlola Over Lavish Spendings, Frivolous Budget

OSUN State Chapter of Action Congress has berated the Peoples Democratic Party (PDP)-led administration in the state over what it described as lavish spending and budgeting for frivolities.
The party lamented the financial recklessness and plundering of the resources by Governor Olagunsoye Oyinlola-led administration, just as the opposition party commended the reduction in the price of petrol in Nigeria.

The state Director of Research and Strategy of the party, Mr Sunday Akere, disclosed this in a press statement, a copy of which was made available to OSUN DEFENDER in Osogbo last Monday.
Akere decried the present administration in the state for campaigning for decency and corruption-free state, maintaining that a government that believes it must become a merchant of various modes just to satisfy its inordinate ambition of continually dipping its hands into the funds of the local councils cannot preach any decency and decorum to anybody.

Defending its assertion, the party questioned what necessitated the setting aside of a whopping sum of N900 million for gifts, donations and another sum of N400 million for entertainment in the office of the governor?

The party also queried the state government for budgeting the sum of one billion naira for the establishment of a French Polytechnic, while all the state-owned institutions suffered deprivation, stressing that such huge amount of money should be used to develop the institutions.

Besides, the opposition party had earlier flayed the PDP-led government in the state for condemning the Federal Government on its decision to stop the sharing of funds accruing into the excess crude account.

However, the AC urged the Federal Government to carry out an indepth and exhaustive analysis of all financial sectors so that reasonable, precise and cogent solutions could be found to the economic crisis without further delay, The party lamented that “instead of addressing the problems, we are busy pursuing irrelevancies while leaving what ought to be done undone”.

The party said: “The AC in Osun State commends the recent decision to reduce the price per litre of petrol as a way of ameliorating the suffering of the Nigerian people in view of the current global economic meltdown and urge that palliative measure should be extended to other petroleum products like diesel, kerosene and gas.

“But instead of weighing the gravity of the existing situation of financial crisis and fashioning a way out, the rudderless PDP administration in Osun State will rather prefer to condemn the Federal Government’s decision to stop the sharing of funds accruing into the excess crude account.

“Budgeting for frivolities under bogus and dubious heads have being the stock in the trade of the visionless PDP administration in the state since they illegally took over governance in 2003.

“How does one explain setting-aside a whopping N900 million for gifts/donation and N400 million for entertainment in the Governor’s Office in a year? What explanation can one give for a state government that budgeted 1 billion for the establishment of a French Polytechnic when just about half of the amount was budgeted for all the four tertiary institutions in the state”.

The party further queried that: “What necessitates the recent evoking of general orders and financial rules including the series of ICPC Acts that the Commissioner for Finance, Elder Moses Adetoye, was reading out, while giving analysis on 2009 budget?

“Must threats of sack and imprisonment be used on civil servants before the government’s message is passed across?

“If the commissioner is serious at all, the cleansing should start from their end as even the ordinary groundnut seller on the roadside is aware of the recklessness and plundering of our common resources by the power that be.

“A government that sees nothing wrong in paying state funds into the private salary accounts of members of the State House of Assembly should stop raising unnecessary dust if some government officials decide to pay government funds into their private accounts” Akere concluded.

Our Case Is Still Intact!

Engr. Rauf Aregbesola Symbol of HOPE

•Grand Onslaught Begins On March 9 •Oyinlola, PDP In Solo Celebration – AC Counsel

ONE of the counsel to the Action Congress (AC) governorship candidate in Osun State, Engineer Rauf Aregbesola, Mr Bashir Ajibola has said that the dismissal of the application to adduce further evidence by the Court of Appeal sitting in Ibadan, Oyo State capital on Monday could not in any way affect the retrieval of the stolen mandate through the appellate court.

Ajibola spoke after the ruling of the Justice Victor Omage-led appeal panel which dismissed the application, of which the call-log of the alleged secret telephone conversations between members of the Justice Thomas Naron-led Election Petitions Tribunal that sat in the state and one of the lead counsel to the embattled Governor Olagunsoye Oyinlola who is the major respondent in the matter, Otunba Kunle Kalejaiye (SAN) was attached, saying that the ruling could never bring a setback to the appeal.

According to him: “Our appeal is still on course, the ruling is not a setback to our case. The court only exercised its jurisdiction and that does not mean it is the end. And we have the Certified True Copies (CTC) of the publication by The NEWS, magazine certified by the national library, which confirmed the secret conversations and none of them has come out to deny the allegation.

But all they are just bringing out is the issue of technicalities, which the court had said should not be the basis in the interest of justice.

“We still have our main appeal on course and some other applications and minterlocutory appeal, especially on the report which shows that local government by local government in Osun State elections were disrupted. The document was not admitted by the lower tribunal and we hope that the court of appeal will admit it alongside other documents that were not admitted by the lower tribunal”.
The court dismissed the application on the basis that the evidence sought to be brought in through the application was neither raised before the lower tribunal nor admitted by the tribunal.

Aregbesola is challenging the controversial April 14, 2007 election of Oyinlola before the appellate court, asking the court to set aside the judgment of the lower tribunal for being biased in its judgment.
The appeal panel which was led by Justice Omage had Justices Abdul-Kadir Jega, Ladan Tsamia, Rapheal Agbo and Bode Rhodes Viviour as its members.

Aregbesola,s legal team led by Chief Kola Awodein (SAN) had Mr Deji Sasegbon (SAN), Femi Ifaturoti, Bashir Ajibola Wale Afolabi, Gbenga Akano, Yinka Okedara, Biodun Akinloye and Bayo Badmus among others.

Oyinlola had in his legal team, Mr Yusuff Alli (SAN), Kunle Kalejaiye (SAN) and Nathaniel Oke (SAN), who led other counsel.

The Aregbesola’s counsel had brought the application under Order 4 Rule 2 of the court which provides that the court shall admit further evidence either by oral evidence or by deposition as the court may direct.

But the Oyinlola’s counsel opposed the application, arguing that there was no any material record to support the evidence sought to be tendered.

According to the ruling, the evidence would have been admitted if it had earlier been raised before the lower tribunal, saying that in the alternative, such evidence could be admitted if it had satisfied some special grounds requested by law.

Stating the said special grounds, the court held: “It must be shown with reasonable evidence that the evidence sought to be tendered could not have been obtained during the trial before the lower tribunal; it must be proved that the no-admission of the document would affect the case of the appellant ; such document must be credible and not necessarily be incontrovertible”.

The court further stated in the ruling that in the face of the application through which the evidence was intended to be brought in, the applicant was to challenge the jurisdiction of the lower tribunal to have refused to disqualify itself from delivering the judgment.

It ruled that the refusal or otherwise of the document by the lower tribunal could not have affected the jurisdiction of the panel on the matter.

The court further stated that the issue of jurisdiction did not arise from the admission or refusal of the CTC of the call-log and subsequently rejected the application.

Also, Oyinlola’s counsel, Alli withdrew the appeal filed to challenge the ruling of the lower tribunal, which dismissed the preliminary objection filed by Oyinlola’s counsel before the tribunal, asking the court to dismiss the petition for lack of competence.

The Naron-led panel had rejected Oyinlola’s preliminary objection before its alleged compromise.
However, the Oyinlola’s counsel admitted that the application was superfluous and brought a notice of discontinuance in compliance with the order of the court, which directed the counsel to bring a letter.
Therefore, the court had adjourned the matter till March 9, 2009 for hearing.

On the adjourned day, the presiding judge promised to deal with all the substantive appeals before it no matter the impediment, the day expected of the court to fix a date for the judgment on the appeal.
Besides, the presiding judge, Justice Omage lashed the police during the proceedings of the panel, describing them as non-educated.

The statement was uttered by the judge when Alli brought to the notice of the court, the constraints the lawyers faced at the entrance of the court, narrating that the security operatives at the entrance of the court premises denied the lawyers from taking their cars to the premises.

The President, Nigerian Bar Association (NBA), Chief Rotimi Akeredolu (SAN), who was also in the court took up the observation, saying that he faced the same constraint but he was only allowed to come into the premises due to his insistence.

Akeredolu asked the court to warn the security operatives, saying: “They should know that this is our shop, because they have said that the order was from the court”.

Justice Omage denied giving such order, saying that he faced the same challenge from the security operatives at the entrance of the court, before he was latter allowed to enter, while the other two judges of the panel narrated to have faced the same challenge.

He then advised the NBA president to rather write the Inspector-General of Police or Commissioner of Police and informed them about the development.

The judge then tonguelashed the policemen, saying: “We cannot be quoting law for the police, because they are not educated enough to that extent. They are not knowledgeable to that effect. There is danger in the judges writing to the police and so, you can write them”.

Meanwhile, OSUN DEFENDER gathered that there was a solo celebration among the Oyinlola and PDP camp.

It was gathered that the celebration was low and dry as citizens did not celebrate with the PDP leaders.