Security Alert: PDP Plans To Destabilze Osun State!

Iyiola Omisore

> There is a top-level plan by the PDP to make the Osun State ungovernable.

> Following the Court of Appeal decision in the case of Aregbesola v. Oyinlola which was delivered on Friday the 26th day of November, 2010, The PDP stalwarts in the South West held a meeting at Obasanjo Farms on Sunday, the 28th day of Nov. 2010 where it was decided that a state of anarchy would be unleashed on Osun State due to create room for the possibility of declaring a state of emergency.

> Pursuant to that all PDP legislators in the House of Assembly, Osun State, except Olorunda and Osogbo honourables, are currently in Abuja with the presidency where they are currently holding a meeting at the time of filing this report today the 3rd day of December, 2010.

> The meeting is financed by Iyiola Omisore who wants the state of anarchy to reign like in Ogun State and the meeting is currently holding at the presidency in accordance with the promptings and dictates of Obasanjo. These agents of anarchy were further jolted by the recent spate of defections from PDP to the ACN by many leaders and followers of PDP in Osun State.

> At the 28 November, 2010 meeting, the individuals present toyed with the idea of impeachment of the new Governor, Ogbeni Rauf Aregbesola, but found no anchor for it as they considered it to be too early.

> The current proposal is that on Monday the 6th day of December, 2010, PDP thugs in Osun State and many others to be imported from other states of Nigeria would start violence by which Obasanjo and Omisore have thought it would be easier to make the state ungovernable. The Speaker of the House, Adejare Bello has not fully bought into the idea but is under intense pressure from the powers that be in PDP.

> It is confirmed from all sources that all the PDP legislators, except Olorunda and Osogbo representatives, are at the Presidency in Abuja. The meeting is currently in full swing.

Clearing The Mess Left By Oyinlola

Oyinlola - former govenor of Osun State

It’s been a glorious dawn. An opportunity has been presented in Osun State to build a new, better society based on social justice. Morning has broken in Osun State and we are all reveling in it. The end of any dictatorship presents a cause for celebration. The end of the brutish, demented and vicious Oyinlola dictatorship is a cause for double celebration. For this reason, it is the season of liberation in Osun State, a great time to be alive, a time for rekindled hope and optimism.

However inevitably, ecstasy soon yields way into reality. Governor Rauf Aregbesola has a herculean task to perform and a very limited time upon which to impact his own agencies. A four year term of office is short. It assumes the veneer of nightmare when you have to clean up a mess. In his own case, Governor Aregbesola is going to have to cleanm up the Augean stables. The accumulation of administrative ineptitude, sheer greed and avarice associated with the regime of Olagunsoye Oyinlola has already gone out of history and into legend. Oyinlola and his collaborators have given the concept of governance an entirely new meaning. Future historians will describe Oyinlola’s absurd re-interpretation of government as ‘Administration by Sloth’.

However, we must not bemoan our faith; time by its nature does not permit of such luxuries. As he settles down to work, Governor Aregbesola knows that it will be a long and hard struggle. A long day’s journey into the night. Luckily, the man who earned great plaudits as the Lagos State infrastructure Czar has in his persona the requisite intellectual preparation, the administrative savvy and the managerial sagacity to wield the magic wand. And he will do it. Of course much is expected, but the capacity of Governor Aregbesola to
deliver has never and will never be in doubt.

Governor Aregbesola must start with a holistic look at the cost of the machinery of government. In his dementia, Oyinlola created a vast welfare scheme for a select crew of professional political jobbers, hustlers and camp followers. Not unexpectedly, there was little money left to do anything else. The system of political patronage erected simply devoured the state’s meager treasury. No progressive can defend this model of governance. Aregbesola will have to roll back the tide.

To do so will require firmness and occasionally stepping on toes. Painful but it will have to be done. We may care to recall that if Chief Obafemi Awolowo had not reined in on recurrent expenditure, he could not have done even a quarter of what he did as the Premier of the Western region. By keeping recurrent expenditure down to 27.3% of the budget, he was able to drive the state’s economy. This is the roadmap that Governor Aregbesola is expected to tread.

The machinery of government must be reinvented. The very concept of governance must be located in a social democratic, progressive nexus.

Government procurement must be streamlined and made more cost effective. The sheer scale of government purchases and procurement must be used as an effective tool, a lever for bringing down costs.

The new thinking has to be replicated across all sectors, in education, health, social services, infrastructural development and so forth. Much of the new exciting thinking exhibited in Lagos State and elsewhere must be brought to bear on the governmental process.

Finally, it is true that Governor Aregbesola is adverse to witch hunting. So far he has maintained a Mandela type refrain from retribution. However, this must not and should not mean that those who have ripped-off the state and contributed to its economic adversity should be allowed to go off scot free. That would be immoral and unacceptable.

This newspaper wishes the new administration in Osun State well. The working models for a rebirth is there. We are confident that when the history of our time is chronicled, the pivotal government led by Governor Aregbesola will be ranked with those of worthies such as Chief Awolowo, Lateef Jakande, Bola Tinubu and so on. Welcome to the democratic spring, the rebirth of Osun State.

At Last The Dawn

One By One Victory Over Vote-robbers Cometh - Fashola, Aregbesola, Laoye-Tomori and Fayemi

In his smash hit, “Get up, stand up”, Bob Marley, the late Jamaican rebel reggae superstar put it this way:Get up, stand up, stand up for your rights!

Get up, stand up, don´t give up the fight! It has been a long day’s journey into victory. As the eternal icon,
Dr. Nelson Mandela said: “There is no easy road to freedom”. For the people of Osun State, it has been a long and hard road. For three and a half years, a people have been violated. Their rights to have their
votes count and make it count truncated. It would be exhilarating to know how the Chief voter robbers, Olusegun Obasanjo and Maurice Iwu really feel now.

The great victory is instructive. It confirms once again the battle cry of old in Latin America to wit that ‘a people united will never be defeated’. The people of Osun State are to be commended. They have shown great resilience, courage, tenacity of purpose in pursuing the battle for liberation. Forever, Friday 26th of November will always be known as liberation day.

Let us remember to salute the courage and backing of Asiwaju Bola Ahmed Tinubu. His tenacity in the course of struggle and in the heat of the gunfire has been truly amazing. To him goes the kudos of a great fight back against the attempted subjugation of Yoruba-speaking nationality.

After the glorious comeback in Ekiti and Osun, Tinubu has opened up an entire new chapter for himself in the annals of Yoruba history. What we may ask, if there had been no Bola Tinubu? How on earth will the fight back have been organized and coordinated? Who would have had the organizational skill, the political acumen to do the job? When Hitler launched ‘Operation Barbarosa’, he reckoned without the seminal skills of the opposing Russian generals. The disgraceful neo-fascist Olusegun Obasanjo has also reckoned without the consummate political savvy of Tinubu.

Engineer Rauf Aregbesola is to be congratulated. He was unwavering in the face of the gunfire. Not once did he flinch. At no time did he think of surrender. The new governor, our new worthy governor, has shown that he is a man of character and of honour. He will not disappoint. Governor Aregbesola brings to Osun State the same skills, the same administrative savvy he brought to Lagos State as the infrastructure czar.

Morning has broken in Osun State. But it won’t be easy. The state has been comprehensively looted. Governor Aregbesola will have to slim down THE COST OF THE MACHINERY OF THE GOVERNMENT without affecting personnel cost. All areas of duplication, wastages and fraud will have to be streamlined and wiped out. The late Chief Obafemi Awolowo, the avatar pointed out that it was only by keeping the cost of the
machinery of government down to 27.3 per cent that all the great advances in Education, Health, Social Development and Infrastructure could have been done.

A young journalist who went on to great reknown, Karl Marx, famously observed surveying a not too dissimilar event that: “Men make their own history, but they do not do so of their own free will. They do so under circumstances and situations which they would not have wanted nor craved for. The traditions, the mores of the dead generations weigh like a nightmare upon the souls of the living”.

Governor Rauf Aregbesola has embarked on making history, the end result, given his preparation, his fortitude will be a great victory.

Aregbesola Sworn-in;

Governor Rauf Aregbesola

The Swearing-in of the new Gorvernor of Osun Staste, Engr. Rauf Adesoji Aregbesola took place at Techinical College, Osogbo, Osun State, by Justice George Olaniyi Ojo, Chief Judge of Osun State. He has assumed the reins, after a fierce 42-month legal battle to reclaim his stolen mandate.

At 3 p.m exactly, the Chief Judge, Justice Olaniyi Ojo, was ready for the task of the day. First to be sworn in was Laoye-Tomori, the deputy governor. After taking the oath of office and allegiance, she moved back to her seat with dignity. Her colleagues, Sosan and Olayinka, who embraced her, welcomed her to the fold.

Before taking his turn, Aregbesola’s mouth was ajar. He burst into singing, thanking God and warning his foes against electoral robbery. His Lagos supporters repeated the anthem they sung for Tinubu in his honour.

At exactly 3.10 p.m, the mantle of leadership fell on his shoulders. He pledged to defend the constitution and discharge the duties of his office in accordance with the law.

That was in the realm of rhetoric. But his fairly long speech gave a clearer picture of the direction of the administration. “I accept the office of governor and all the responsibilities that go with it…We are here to resume the journey the Southwest commenced with Awo’, he said, pausing to allow the audience to listen to the recorded anthem of the Unity Party of Nigeria (UPN) and Awolowo’s voice on progressives’ mission, in order to refresh their memory.

Aregbesola promised that he would redeem all his campaign promises and rebuild the state.. But he said that “we must first clean the polluted Augean table”. The new Governor ordered the immediate frozen of all public accounts at all levels in the state, calling on the Accountant General of the state to present details of state account till November 26, to his office immediately, saying his decision to freeze the state account was not to punish anybody but to get “a clear picture of the ambiguous finances of the state.”

The governor attributed the power shift to the “goodness of God’ and thanked the progressive leaders who rallied round him until the dream came to pass. “It is God and God alone who has allowed us to have gone far”, he added.

Aregbesola dwelt on the import of the change of government in the State of the Living Springs’. He warned that the misuse of incumbency power could herald a revolt. He said: “Those that attain power legitimately or illegitimately are temporary holders of power”, lamenting that, unfortunately, the tragedy of the interlopers have blurred the vision of the people. He frowned, especially at the subjugation of the peoples will by conservatives who imposed themselves on the people.

Going down memory lane, he recalled his political labour in the vineyard of the people, stressing that the peaceful and energetic campaigns were not motivated by by personal ambition , but by the need to return the state and Southwest to a new era characterised by “Progress for all, Life More Abundant”.

The governor reminded the geo-political zone that they owed their past glory to Awo, a man of exemplary leadership, whose political offspring, including Akande, a man of fiscal discipline, managed the affairs of Osun State as a prudent administrator.

Like Awo, Ige and Akande did, Aregbesola said that he would rebuild the moribund schools, provide employment and pipe borne water, ensure modern planning and urban renewal, uplift Ile-Ife, the cradle of Yoruba as a tourist centre and foster unity.

Aregbesola described governance as a joint responsibility, urging the three arms of government, traditional rulers and entire people to collaborate and cooperate with his administration, so that the forces of retrogression can be effectively combated in the state.

The governor heaped encomium on the judiciary, saying that the jurist at the Appeal Court gave hope to the people.

He used all the superlative adjectives in the world to describe his mentor, role model and motivator, Tinubu, a dogged fighter and soldier of democracy, and his wife, for their support before, during and after the protracted battle.

Aregbesola owe a debt of gratitude to may people in his life. He paid his tribute to the monarchs, party leaders-Akande, Adesina, Osoba, Olusi, Adebayo, Olatunji Hamzat, Akanni Suara, Abiodun Ogunleye, Adeoti, Famodu, Oshun, Sunmola, Adefuye, Laka Orelope and the deputy governor, Tomori-Laoye.

The governor remembered those who fell in the battle: Hassan Olajokun and other martyrs of democracy in the state. He thanked his mother, “Mama Ologi, who was harassed, not because is a politician, but because she gave birth to a politician.

IT was a huge crowd that gathered to witness the dawn of a new era. In Osogbo, the capital of Osun State, it was wild jubilation by a people set free by a just verdict. For Governor Rauf Aregbesola, it was a glorious moment. For the Southwest progressives and their colleagues across the federation, it was historic.

From sunrise, the open field at the Government Technical College, along Ede Road, was aglow with festivities. Thousands came in buses and lorries from Lagos and neighbouring states. The unprecedented traffic snarl gave the policemen a tough time. Party supporters adorning customised T-shirts and caps, and towns people who trooped out to witness the swearing in ceremony, rejoiced as they danced to the tune of the Fuji musician, Alhaji Wasiu Ayinde, who turned the scene into a carnival.

Banners and giant billboards erected at various entry points to the city by faithful disciples and associates-Bola Ilori, Niyi Aluko, Adelabu Onibiyo, Bisi Yusuf, Akin Bashiru and Dayo Osinowo-welcomed guests from far and near. One of them read: “Victory at last”. But another one with the bold statement, “Here comes the emancipator”, captured the peoples’ true feelings and expectation.

Esteemed political leaders who had been steadfast stormed the venue one after the other with funfair. As the Master of Ceremony, Dele Alake, former Lagos State Commissioner for Information and Strategy, and Gbenga Adeyinka announced their arrival, the crowd cheered them, waving their brooms.

It was a triumphant return for Chief Bisi Akande, Asiwaju of Ila, National Chairman of Action Congress of Nigeria (ACN) and former governor of the state, who was ousted by the Peoples Democratic Party (PDP) in the 2003 election.

“Peace, joy and happiness have returned to Osun State and development will follow”, he said, waving at the people who had missed a progressive administration for seven and half years.

His compatriots in the struggle-Alhaji Lam Adesina, Aremo Olusegun Osoba, Chief Michael Koleoso, Otunba Niyi Adebayo, Evangelist Bamidele Olumilua, Senator Biyi Durojaye, Prince Tajudeen Olusi and Cardinal James Odunmbaku- who were in high spirit, nodded their heads.

So also was the Esa-Oke-born architect, Muyiwa, son of the slain colourful politician, Chief Bola Ige, who, many believed was brought down so that Osun and, indeed, the entire region, could be subdued. He beamed a hearty smile, in endorsement of Akande’s assurance to the indigenes.

His father’s portrait, and those of his leader and other colleagues; the indomitable Obafemi Awolowo, Chief Adekunle Ajasin, Abraham Adesanya and Akande, stared at the crowd from afar, reminding the new helmsmen in Yorubaland that governance could not be business as usual.

The new picture of the Southwest and its environment unfolded as the AC N governors- Babatunde Fashola (SAN), (Lagos State), Kayode Fayemi (Ekiti) and Adams Oshiomole (Edo), and Labour Party (LP) Governor of Ondo State, Segun Mimiko-arrived at the venue. The atmosphere changed and local drummers, brigade bands and the fuji maestro burst into different songs entertaining the dignitaries.

The high table was jampacked and it took some minutes before the Chief Executives and their deputies, Sarah Sosan(Lagos), Funmi Olayinka (Ekiti), Lagos House of Assembly Speaker Yemi Ikuforiji, Lagos State First Lady, Mrs Abimbola, Senator Abiola Ajimobi, Chief Femi Lanlehin, Senator Bayo Salami, Senator Bode Ola, Senator Ibikunle Amosun, Prof Wale Omole, and Chief Oyebisi Ilaka, Ladilu of Oyo, could find seats.

Commoners mingled freely with big shots, unmindful of their differing status. At a time, the high table shook, threatening to collapse. Some heroes of the struggle, including Prof Yemi Osinbajo (SAN), one of the counsel at the Appeal Court, Chief Layi Oyeduntan, whose residence in Osogbo was invaded by suspected assassins, and Osun State ACN chairman, Alhaji Moshood Adeoti, who was allegedly on the PDP liquidation list, observed the ceremony by standing throughout.

Former Anambra State Governor Chris , Ngige, who exchanged banters with all that mattered was immediately offered a seat. As people were overcome with of joy, ideologically inclined politicians like the Third Republic Chief Whip of the House of Representatives, Hon. Wale Osun, Pa Abiodun Sunmola, Chief Tajudeen Bello, Comrade Sola Iji, Mr tokunbo Ajasin, Senator Tony Adefuye, and Dr Usman Bugaje, were in a reflective mood.

It was a convergence of progressives seized by excitement. In happy mood were Senator Bukar Abba Ibrahim, Senator Olorunnimbe Mamora, Wale Edun, Tawa Williams, Ganiyu Johnson, Iyiola Oladokun, Prince Rotimi Agunsoye, Opeyemi Bamidele, Muiz Banire, Jayeola Ajatta, Sam Omatseye, Toyin Hamzat, Dupe ajayi-Gbadebo, Folake Oseghale, Kaoli Olusanya, Segun Adesegun, Joke Adefulire, Bosun Jeje, Dele Ogunsakin, Tayo Ilupeju, Abiodun Mafe, Ademoorin Kuye, Hon. Olabinjo, Ayo Afolabi, Amida Abudu, Bayo Osinowo, Segun Mayegun, Kunle Abimbola, Kunbi Fakeye, Lateef Raji, Tunji Abayomi, Remilekun Bakare, Toke Benson, Famoriyo, Mutiu Are, Sunday Akere, Wasiu Eshinlokun, and Jumoke Ogunkeyede..

The environment became more electrifying with the arrival of the former governor of Lagos State, Senator Bola Tinubu, who flew into the field in a chopper, like Aregbesola and members of the “first family”. Shouts of “Asiwaju of Lagos”, “Asiwaju of Southwest:, “Aare Ile-Oluji” and Jagaban Borgu”, filled the air. Predictably, the Lagos political congregation sang their familiar anthem: “Bola, on your mandate we stand”, for their leader.

Tinubu was accompanied by his hearthrob, Oluremi, who, along with the new deputy governor, Mrs Titi Laoye-Tomori, Mrs Fashola, Mrs Sosan, Mrs Olayinka, Mrs Abimbola Adegeye and Mrs Funmi Tejuoso, formed a ladies’ circle on the high table.

When Aregbesola, the man of the moment, stepped into the venue around 2.35pm, there erupted a thunderous ovation and shouts of joy. The non-flamboyant politician was decked in an austere white lace; accompanied by his wife, Alhaja Sherifat, and his Cuba-trained son, Kabiru, who looks like a twin brother to his father.

A short prayer by Ajibola Bashiru, a lawyer, formally marked the kick off of the programme around 2.45pm. It was followed by a short welcome speech by Adeoti, the coordinator of the battle at the home front. He merely thanked the audience for the honour they had come to accord Aregbesola and he enjoined them to listen to leaders that were slated to speak at the ceremony.

Fashola, who spoke briefly after Akande, congratulated the people of the state for a dream come true. He lauded the ACN for enlarging its coast, saying: “Three years ago, I was the only AC governor. When I look at both sides of me, I see “jegudujera” governors. We were hopeful. Later, we claimed Edo and Ekiti. Now, we have claimed Osun.”

Like Akande, he vouched for Aregbesola, his former colleague in Tinubu’s cabinet, assuring that ‘there will be development, improvement and peace in Osun State”.

“You should cooperate with your governor. He cannot do it alone. You will have to be patient with him as he repairs the damage that has been done”, Fasola added.

As his Ondo State counterpart, Mimiko rose to speak, there were shouts of “Iroko’, his nickname. He knew where the shoe pinched, having fought like Aregbesola to claim his mandate. Mimiko sung a sang of praise to the Lord. He said: ‘by the grace of God, Osun will move forward an there will be no vote stealing again”.

Tinubu hailed the new governor for his audacity of courage and perseverance. He urged the people to cooperate with him, assuring that, “given his antecedent, he will never disappoint them”.

Observers believe that the euphoria should whittle down within weeks so that governance can take a firm root. Many challenges await the new administration. One of them is the challenge of setting up the political machinery for governance. Many are on the queue for political appointments, but the slot are few. Some of them perceive the cabinets seat as the continuation of service. Others see it as reward for labour. But generally, Aregbesola is expected to set up a cabinet of talents. He is expected to preside over an efficient and incorruptible administration, like Awo, Ige and Akande, who had ruled the states at various times. He is also expected to implement the progressive programmes that would uplift the state.

Osun is not a divided state in the real sense of the word. There is unity among the masses who appreciate the new dawn. But there is division among the elite who fall into two blocs-progressives and conservatives. These conservatives in the PDP appear to be in the majority in the House of Assembly. He was not oblivious of how their counterparts in Edo attempted to thwart the effort of Oshiomole before ACN gained hold. Observers say the Edo formula should not be ruled out because a peaceful legislative/executive relationship is germane to good governance.

At the grassroots are PDP chairmen of local government councils who got to office without challenge from AC. The ruling party had lost confidence in the ability of the electoral agency set up by former Governor Olagunsoye Oyinlola, to conduct the council polls without partiality. The relationship between the state and councils may be frosty for partisan reasons.

In 2011, AC N and PDP are expected to meet on the field during the federal and state parliamentary elections.

Many towns and villages thirsty for development may be impatient. The onus, observers say, is on the governor, through judicious allocation of resources, to rekindle their belief that the government they legitimately elected can meet their aspirations.

Reports compiled by Emmanuel Oladesu and Gbenga Olarinoye

Culled From The Nation and PUNCH Newspapers

How the Appeal Court Ruled In Favour of Aregbesola

Lawyers rejoice with Aregbesola after the appeal court victory

The court sat at exactly 9.00 am. Case called and appearance to be announced. I’ll update as it goes on if the blocker does not work. The court held that the evidence of the appellant’s witnesses ought not to be treated as mere allegations requiring further proof beyond reasonable doubt. The tribunal was held in error to have treated the testimonies of the witnesses front loaded and adopted in court to be mere allegations.

The counsel to the respondents also conceded that the reference by the tribunal to the evidence of the appellants as mere allegations by referring to the erroneous position of the tribunal as mere slip. It is not a mere slip but an irregularity of a substantial nature which has occasioned a miscarriage of justice.

The cross-appeal filed by Yusuf Ali on behalf of Oyinlola challenging the nullification by the Tribunal of the results of two polling units was and asking the court to reject the conclusion of the Tribunal that the evidence of Oyinlola’s experts be upheld, was dismissed for lacking in merit.

Allegations of non-compliance with the provisions of the Electoral Act by the Appellants are purely civil and not criminal and need not be proved beyond reasonable doubt. Thus all the allegations of the Appellants are not criminal in nature but rather civil and need only be proved on the balance of probabilities. The tribunal was completely erroneous in holding that the petition only alleges crimes and should be proved beyond reasonable doubt.

Ward supervisors called as witnesses by the Appellants are competent witnesses contrary to the holding of the tribunal. The evidence of the witnesses is direct and assuming they were illegally present at the polling units which is not so in the case, the illegality only attaches to their persons and not to the evidence given by them. The position of the tribunal that evidence of non-counting of votes could only come from polling agents is clearly erroneous.

The reports of polling agents tendered by appellants’ witnesses cannot be called hearsay. The admissibility of the reports should be based on the provisions of section 91 of the Evidence Act which allows such reports where undue delay would be occasioned if the makers of the reports were to be called personally to give evidence. The decision of the tribunal that the reports of the Polling agents were of no value is clearly erroneous. To hold otherwise would render the provisions of section 91 of the Evidence Act dead letter.

Polling agents are mere representatives of the party whose reports are the reports of the political party that appointed them. The principle of agency as contained in the Latin maxim, qui facit per alium facit per se, i.e. “he who does an act through an agent does it by himself” is directly applicable to the present case. The argument of the respondents in this regard is nothing but mere afterthought. The failure to attach weight to the evidence contained in the reports of polling agents resulted into clear miscarriage of justice and clear misconception of the law.

Failure of respondents to call evidence Failure of INEC and the police to call witnesses amounts to abandonment of their cases. The petitioner led both oral and documentary evidence to prove his allegations against which INEC and the police did not call any evidence. Mere cross-examination of the petitioners’ witnesses would not suffice. Most of the petitioners’ witnesses were not cross-examined by the respondents and where they were cross-examined, their evidence was not challenged. The case of the respondents are hereby deemed abandoned.

Whether the tribunals properly evaluated the evidence before it The tribunal did not properly evaluate the evidence of the appellants as the evidence of the witnesses were characterized in most cases as mere allegations by the tribunal and did not properly consider the probative value of the appellants. The court held that the tribunal went about it’s duty in a shoddy and sloppy manner as it failed to evaluate the evidence of the appellant vis a vis that of the respondents as to establish the inconsistencies in the case of the respondents witnesses who were confronted with documents showing that they were lying.

Certified true copies of results produced by INEC were blank. Yet, the tribunal did not observe this point. The tribunal grossly erred as it would appear that it equated a witness’s evidence to mere pleading. The tribunal abdicated its duty of evaluation of evidence. The tribunal rejected the evidence of the appellants on wrong premise. The evaluation of the evidence of the petitioners’ experts by the tribunal is a travesty. PW80 was admitted by the tribunal as an expert it rather abdicated its duty. The evidence of PW 80, Paul Jobbins, was not discredited in cross-examination. The evidence of Tunde Yadeka, PW 82, is clearly that of an expert which was not discredited in cross-examination. The tribunal took a jaundiced position on the evidence of this witness.

The appellants have proved the allegations of irregularities and non-probabilities in the ten local governments. The results of the said ten local governments are hereby nullified. The appellants are hereby declared winner by 198,799 The respondents had 172,880 and lost the election.

The court hereby orders that the petitioner be sworn in as the winner of the 2007 gubernatorial election in Osun State. While the judgment was started at 9.30 am, it was concluded at 2.13 pm

Kunle Adegoke Solicitor & Advocate of the Supreme Court of Nigeria 08023337003

Compiled by Lateef Raji

Oshiomhole Congratulates New Gov. Aregbesola

Jubilant Crowd rejoicing with Governor Aregbesola

The Governor of Edo State, Comrade Adams Oshiomhole has congratulated the Governor of Osun State, Alhaji Rauf Aregbosola on his victory at the Appeal Court sitting in Ibadan, Oyo State.

In a statement by his Chief Press Secretary, Mr Peter Okhiria, the Governor said “I heartily rejoice with my brother, my friend and my Comrade, Alhaji Rauf Aregbesola on his sweet victory at the Appeal Court more than three years after he was robbed of the mandate freely given to him by the good people of Osun State on April 14, 2007.

“His victory is even sweeter considering that just a few weeks ago, another Appeal Court had sacked the illegal government in Ekiti State and declared our Comrade, Dr Kayode Fayemi, the authentic Governor of that State.

“The latest verdict of the Appeal Court is another testament that the Judiciary is the last hope of the defenceless and the oppressed.

“However, while we continue to rely on the Judiciary to salvage the country from oppressors and election riggers, those who presided over the polls which have been faulted by the judiciary should not remain as electoral officers at INEC and should, as a matter of fact, be prosecuted to serve as a deterrence to other would-be polls manipulators.

“As we approach another election year, the electorate must be vigilant to ensure that the principle of ‘One Man, One Vote’ is followed to the letter and should be ready to defend their votes.

“While Alhaji Aregbesola has reclaimed his mandate more than three years after the election, there is the need to ensure that all election petitions be dispensed with before swearing-in so that election riggers do not benefit from their fraudulent actions.

“With the triumph of Aregbesola as Governor of Osun State, the good people of the State can rest, assured that their own Action Congress of Nigeria (ACN) led Government will deliver to them those dividends that the sacked illegal government failed to deliver.”

By Peter Okhiria, CPS, Edo State

Live Coverage of Appeal Court Judgement (Aregbesola Vs. Oyinlola)

Appeal court appearance by AregbesolaThis morning we begin live coverage of the events and ruling of the Appeal Court Panel on the celebrated and controversial electoral dispute between Aregbesola Vs. Oyinlola.

You can also follow us on TWITTER for the live coverage too.


7:45 a.m: Lawyers, journalists, ACN and PDP representatives are already seated in the court. The judges are being awaited…

8:24 a.m: Cardinal Odumbaku (a.k.a Baba Eto), Alhaji Moshhod Adeoti (Chairman Osun State ACN), TILAD ACN Chieftain,  among other dignitaries seated in court…

10:00 a.m: Countdown to history begins…


10:08 a.m: “A stolen crown is like an ordinary cap on the head of a thief. In Sha Allah the peoples will prevail in the final match and the house of cards will collapse. AMIN.” – from Soni Akoji on Aregbesola’s Facebook page…

10:10 a.m: “We shall av cause 2 say alhamdulilah d same way it was,dat lucky friday 4 Ekiti pple.Dis is Aregbe’s lucky friday.He is already dia Insha Allah.” – from Sulyman Obalowu on Aregbesola’s Facebook page…

10:12 a.m: “Everybody posting something on this page are highly optimistic and positive in their thought.i really love their spirit,they made me feel as if they all knew wot d juries will read out. as for me, i am a bit scary, if they fail to declare aregbe,i wont in anyway be happy,but i will like to see pple comment afterwards. enjoy!” – from Ilesanmi Oluwafemi on Aregbesola’s Facebook page…

10:14 a.m: “Oranmiyan insha allau I am trowing a party in ikorodu to celebrate the begining of great things in my state of origin.your excellence rauf aregbesola” – from Odeyale Bimbo Bimbo Marshal on Aregbesola’s Facebook page…

10:18 a.m: “Baba ti se o. o ti se o, oun to bamileru baba ti se o!. Today, God Almighty Allah had dedicated it to your victory.You are the governor of Osun state.God ! Osun state needs freedom, we want Aregbesola as our governor as from today.We are crying now, please baba, kabiyesi, adeda, ameda, olubori, olugbohun, alase answer our prayer now.Thank you because you have heard our prayer.” – from Azeez Adeyemi on Aregbesola’s Facebook page…

10:19 a.m: “O,LORD,give us leaders who will see their roles as a calling,instead of opportunity to amass wealth.” – from Adeyinka Ibiwoye-oba, on Aregbesola’s Facebook page…

10:20 a.m: “YAH ALLAHU….. Alhamdulilahi. I’ve bought my own broom,endeavour to buy yours…” – from Alabi AbdulWasi Yemmycorlaworlay Gcfr, on Aregbesola’s Facebook page…

10:25 a.m: “APPEAL COURT IBADAN SACKS OYINLOLA, DECLARES AREGBESOLA OSUN GOV. Expect this 100%.” – from Comr. Akinloye Segun Oyeniyi, Chairman, National Inter-Campus Relations Committee, NANS. For, and on behalf of the entire 5 million Nigerian students, on Aregbesola’s Facebook page…

10:30 a.m: BREAKING NEWS – The Appeal courtroom is suspected to have been activated with a digital device that would prevent anybody (including our reporters) from sending text messages or communicating with the outsideworld. Signals from citizen reporters in court confirms the strict and discrete manner in which the judgment is beeing closely guarded from getting out before the justices rise.

10:45 a.m: “IT IS DONE YOUR EXCELLENCY AND CAN NO LONGER BE UNDONE! CONGRATS AND LET US POP THE CHAMPAGNE!!!!!!!!!!” – from Micky Odesanya on Aregbesola’s Facebook page…

10:48 a.m: “song; OLUWA PAWA LERIN POTA AWA LEKU OOO (ON THIS JUDGEMENT) OLUWA PAWA LERIN POTAWA LEKUN……….IT SHALL BE WELL.” – from Adedayo Adebisi on Aregbesola’s Facebook page…

10:58 a.m: “history will take the toes of a new course today in osun state… personally i belong to the school of thought that the truth must prevail, i wish the present governor luck and Rauf Aregbesola a greater luck indeed.” – from Oladayo Ojo on Aregbesola’s Facebook page…

11:05 a.m: “win or lose, Aregbesola remains one of the biggest heroes of democracy in Nigeria, for consigning the useless regime of Olagunsoye Oyinlola to the dust-bin of history during the legal tussle based on facts and coming forth to prove that the judiciary in Nigeria is not above-board as usually projected. he deserved to be named the man-of-the-year, the only thing that separates him from the coveted office is if the judiciary becomes compromised, can I hear God forbid or never again?” – from Seye Awosanmi on Facebook …

11:35 a.m: 1st judgment delivered, judge held dat case was filed within time frame. Now in 2nd phase of interlocutory injunctn on who is d real winner” So Far, 1-0 in favour of Aregbesola

12:04 p.m: Out of five (5) points canvassed, three (3) have been decided in favour of aregbesola… await more breaking news…

NBA Indicts Kalejaiye, Oyinlola’s Lawyer

Kunle Kalejaiye•Risks Being Barred From Practice For Life

Kalejaiye got this fate after being investigated by the NBA and found culpable for gross professional misconduct, sequel to a petition filed against him by one Mr. Kunle Adegoke, a lawyer from the chambers of Muiz Banire & Co. which alleged the lawyer of compromising Naron-led tribunal.

The Naron-led tribunal was the first tribunal that heard the petition filed by the Action Congress of Nigeria (ACN) governorship candidate in the state, Engineer Rauf Aregbesola, against the declaration of Oyinlola during the April 14, 2007 governorship election in the state.

During the hearing of the petition, Kalejaiye was caught to have made numerous telephone conversations with members of the tribunal through voice calls and textual messages, a situation that compromised the decision of the tribunal.

The legal body, through its Disciplinary Committee Panel “A”, which sat in Lagos, established that Kalejaiye had a case to answer for establishing communications with the trial judges, while the case was on, thus undermining the independence of the judges.

The committee, which tried 21 other erring lawyers in different cases, said in its report sent to the NBA national body on July 7, a case has been made against Oyinlola’s lawyer by the petitioner after it had listened to him and the petitioner and scrutinised all documents tendered by both parties.

Kalejaiye got this fate after being investigated by the NBA and found culpable for gross professional misconduct, sequel to a petition filed against him by one Mr. Kunle Adegoke, a lawyer from the chambers of Muiz Banire & Co. which alleged the lawyer of compromising Naron-led tribunal.

The Naron-led tribunal was the first tribunal that heard the petition filed by the Action Congress of Nigeria (ACN) governorship candidate in the state, Engineer Rauf Aregbesola, against the declaration of Oyinlola during the April 14, 2007 governorship election in the state.

During the hearing of the petition, Kalejaiye was caught to have made numerous telephone conversations with members of the tribunal through voice calls and textual messages, a situation that compromised the decision of the tribunal.

The legal body, through its Disciplinary Committee Panel “A”, which sat in Lagos, established that Kalejaiye had a case to answer for establishing communications with the trial judges, while the case was on, thus undermining the independence of the judges.

The committee, which tried 21 other erring lawyers in different cases, said in its report sent to the NBA national body on July 7, a case has been made against Oyinlola’s lawyer by the petitioner after it had listened to him and the petitioner and scrutinised all documents tendered by both parties to defend their positions.

The report, titled “Re: Report of List of Thirty (30) Petitions/Cases Forwarded to Panel “A” Lagos, stated that the committee found out, from all the documents forwarded by both parties, that “a case had been duly made out against the respondent, Mr. Kunle Kalejaiye (SAN) and that he has a case to answer under section 34 of the Rules of professional conduct”.

It explained that before arriving at the decision, the committee did a thorough job of hearing the complainant, Adegoke who filed a petition against Kalejaiye “and subsequently adjourned for continuation of same and directed the disciplinary officer of the NBA to write a letter to Messrs Muiz Banire & Co in respect of paragraph 6 of their petition/complaint and request for further information of the court records of the period within which Osun State Election Tribunal conducted its sittings”.

According to the report, it was upon receipt of further documents that the committee heard the said matter, so that all parties could be given fair hearing and opportunity to exhaust all legal avenues in the case for a proper administration of justice.

The committee subsequently found out from the thorough exercise, that Kalejaiye was guilty of the offence as alleged and thus “has a case to answer”. The committee has since referred the case to the National Disciplinary Committee for further hearing and action.

Thirty erring members of NBA were referred to the committee for trial based on the petition/cases of professional misconducts and such other misdemeanours against them, out of which only 22 were tried, found guilty and recommended for necessary penalty by the National Disciplinary Committee, while the remaining eight would face the panel on other dates.

When the NBA finally made its decision, Kalejaiye may go the way of the former Attorney-General of the Federation, Mr Michael Andoaka, who was stripped of his SANship and all the rights and privileges attached to the position.

When The NEWS magazine publicised the details of the telephone conversations between Kalejaiye and members of the Naron-led tribunal, the lawyer attempted a feeble defence and threatened to sue the management of the magazine for libel. He has not since then made good his threats.

By kazeem mohammed

17 Dump PDP For ACN In Ifon-Osun

PDP sinking ship

The loss of Osun State chapter of the Peoples Democratic Party (PDP) has become the gain of the Action Congress of Nigeria (ACN) as no fewer than seventeen members of the PDP decamped into the ACN in Ifon-Osun in Orolu Local Government Council Area of Osun State last week.

The event became carnival-like as the whole community became positively charged with the new members and the old ones expressing their joyous mood with songs and different dancing steps which attracted other members of the community.

The ACN slogan was being freely chanted by the members of the party who were happy at the fortune of the party to the extent that Lafintola area of the town where the event took place was temporarily forbidden for vehicular movement because of the mass of the party faithful.

The leader of the decampees, who was former Educational Board Chairman in the local government, Pastor Majolagbe Gbolagade, said it was the orderliness and comportment of the lawmaker representing the area in the state House of Assembly, Honourable Kamil Oyedele, towards his constituents that fired his urge to dump the PDP.

Gbolagade also mentioned the non-violent nature of the ACN as one of the points of attraction, saying his observation of the party over time had shown and convinced him that peace and tranquility reign supreme in the party.

His words: “It is not an overstatement to say that the ACN is a party of the masses in Osun State because since the time I indicated my willingness to join the party, the level of respect I have been commanding in my community has increased tremendously. Both the young and the old are now calling me to greet. What else do I want. Money is not everything. I am now happier as a progressive. My advice to those who are still hooked in the enclave of the reactionary is to retrace their footsteps before it is too late.”
Defection from PDP to ACN
The ecstatic leader of the PDP decampees who said he has seen light and never again would he embrace darkness again, told the rally that more of the disenchanted PDP members were still coming.

Former Secretary to the state government under Chief Bisi Akande administration, Akinrogun Shola Akinwumi presented the ACN flag to Gbolagade admist fanfare, telling him that the party was about the ideals of the late Chief Obafemi Awolowo which stressed banishment of poverty among the people.

Akinwumi welcomed the leader of the decampees and saluted their courage for taking such a decision to quit the torn umbrella of the PDP, advising them to partake actively in the incoming voter registration exercise that would lead to genuine democracy in 2011.

In his own contribution, Honourable Kamil Oyedele, enjoined the ACN members to receive and accommodate the decamped PDP members unconditionally, saying that the prevailing political situation in the state was indicative of the fact that more decampees from the PDP would soon find their way into the party.

The chairman of the party in the local government, Alhaji Kilani Orisawale, said he was convinced that all the ten wards in the council were traditionally abode of progressives for a very long time, stating that the day’s event was a mere homecoming for the former PDP members.

Orisawale asked some of the PDP members who are yet to make up their mind to do so early in order for them to catch up with the progressive train in the state.

Burma’s Pro-Democracy and Opposition Leader, Aung Suu Kyi Calls for peaceful revolution After Release from 15-year Detention

Aung Suu Kyi - Burmese Opposition Leader

Democracy icon Aung San Suu Kyi called on Monday for a “non-violent revolution” in Burma after being freed from years of house arrest.

The 65-year-old Nobel Peace Prize winner told the BBC in an interview at the headquarters of her National League for Democracy (NLD) she was sure democracy would eventually come to Burma, although she did not know when.

She added that she would take any opportunity for talks with the ruling military junta, which she wanted to change rather than fall.

“I don’t want to see the military falling. I want to see the military rising to dignified heights of professionalism and true patriotism,” she said.

“I think it’s quite obvious what the people want; the people just want better lives based on security and on freedom.”

Suu Kyi was freed from house arrest on Saturday, less than a week after a controversial election that cemented the junta’s decades-long grip on power, but was widely criticised by democracy activists and Western leaders as a sham.

She said in the interview, published on the BBC website, that she wanted a non-violent end to military rule.

“I think we also have to try to make this thing happen…. Velvet revolution sounds a little strange in the context of the military, but a non-violent revolution. Let’s put it that way,” she said.

Suu Kyi, who has been locked up by Burma’s regime for 15 of the past 21 years, spent several hours at the NLD headquarters in meetings with regional party members, ending her first day back at work with a trip to a Rangoon monastery.

She told the BBC she was not subject to restrictions on her freedom but would take the consequences if the junta decided to lock her up again for what she said or did.

The opposition leader gave her first political speech in seven years on Sunday, appealing to thousands of her jubilant supporters for unity.

She also told reporters she was willing to meet junta chief Than Shwe and talk through their differences.

Suu Kyi swept her party to victory in a 1990 election, but it was never allowed to take power.

Her struggle for her country has come at a high personal cost: her British husband died in 1999, and in the final stages of his battle with cancer the junta refused him a visa to see his wife.

Australia was the latest country to offer support to Suu Kyi on Monday, with Foreign Minister Kevin Rudd saying he had spoken with her and promised that his country would continue to be her “reliable friend” in the future.

Culled From The Sunday Morning Herald