In yesterday’s edition of Vanguard, we published a story with the headline: “Controversy trails Aregbesola’s son’s alleged arrest, “and quoting a source as confirming the arrest of the son of Governor Rauf Aregbesola of Osun State for money laundering. We have since discovered that the report was false in its entirety as no son of Governor Aregbesola was arrested as reported. We hereby tender our sincere apology for the embarrassment the story must have caused the governor and his family.
‘The Appeal is incompetent because proper parties are not before the Court.- Aregbesola’.
Judgment adjourned to 27th May 2015.
By Ibrahim Lawal Esq
The Supreme Court today heard an appeal filed by Iyiola Omisore against the Judgment of the Court of Appeal sitting in Akure which affirmed the victory of Ogbeni Rauf Adesoji Aregbesola in the August 9th gubernatorial election held in the State of Osun.
At the hearing of the appeal which was presided over by Hon.Justice Fabiyi JSC who led 6 other justices of the Supreme Court thereby making it a full court called on the Appellants Counsel led by Dr. Alex Iziyon SAN to identify all the processes he filed. Having identified all the process and in an attempt to go ahead with the adoption of all the processes, Chief Charles Akinlolu Olujinmi, the lead Counsel for the 1st Respondent (Ogbeni Rauf Aregbesola) informed the court of a fundamental observation regarding the processes filed by the Appellants.
According to him, the normal procedure in this court is for an Appellant who filed more than one Notice of Appeal to rely on one Notice of Appeal on which a brief of argument will be written. In this case, the Appellants prepared two Notices of Appeal as well as two briefs of arguments and wishes to rely on the two. Chief Olujinmi submit that such approach is alien to the established rules of court regarding the number of pages of brief that must be filed by the Appellant, moreso when the Appeal emanates from a single judgment. Oluwarotimi Akeredolu SAN while supporting the observation raised by Chief Olujinmi argued that the fact that the lower court gave a judgment on a substantive appeal and cross-appeal is not a licence for the Appellants to file two Notices of appeal and two briefs in support. For Chief Awomola SAN, the lead Counsel for the 3rd Respondent, he countered that the Notices of appeal filed are mere repetition of what was contained in the first Notice of appeal. He was of the view that the first notice of appeal could adequately cater for the other notice ditto the brief. All the 3 counsel unanimously urge the court to strike out one of the notice of appeal and the corresponding briefs of arguments.
Dr. Iziyon while responding argued that the Notices of Appeal are in respect of two judgments. One is the main appeal and the other is the judgment in the cross-appeal. It was at this stage that one of the justices asked him whether the date of delivery of both judgment was not the same or not delivered by the same justices. The 7man panel thereafter rose for 5minutes and directed that he should adopt all the briefs and their position will be reflected on the judgment.
Having done with the observation, Chief Akin Olujinmi SAN rose again while Dr.Alex Iziyon was trying to adopt his briefs of arguments and inform the court that on page 6 of his own reply brief, he indicated his intention to raise preliminary objection to the competence of the appeal. According to him, the appeal as constituted is incompetent because a stranger has been introduced as the 2nd Respondent. He stated that on the two Notices of Appeal, the Appellants included as the 2nd Respondent All People’s Progressive Congress instead of All Progressive Congress. Chief Olujinmi argued that the law is settled that an appellant must maintain the same party at lower court on appeal and can only change the parties with the leave of court. He argued that what the Appellants did runs counter to the decision of the Supreme Court in APP v INEC 2012 where the supreme court unequivocally dismissed an appeal for failure of the appellant to bring proper party before the court.
While responding to the objection, Dr. ALEX Iziyon SAN submitted that the fact that there was a typographical error in the process does not render it incompetent. According to him, what happened was an error which can still be accommodated by the court so that substantial justice is not defeated.
In adopting the Brief of Arguments, the Learned Counsel for the 1st Respondent concedes that though this court seldom disturb concurrent findings of the lower court, he however submitted that where such concurrent findings had no bearings on the record, the Supreme Court is bound to do away with such findings. He also argued that the Lower Court clearly admit there was irregularities but that such irregularities are not substantial enough to warrant the cancellation of the results of such election. He also pointed out that the lower court failed to clearly reason with the Appellants that the tribunal lumped the issue of irregularities and substantial compliance and failed to make specific findings on both. He finally submit that failure of the 3rd respondent(INEC) to call witnesses is clearly fatal to their case and such dhould have been counted as substantial proof of allegations contained in their petition. He therefore urged the Panel to allow the appeal.
In adopting the Respondent briefs of argument, Chief Olujinmi SAN on behalf of the 1st Respondent submit that this appeal is unmeritorious and should be dismissed without much ado. According to him, the Appellants challenged 930 polling units spanning 17 Local Governments and called 43 witnesses. Out of the 43 witnesses, only 7 were polling agents, the other witnesses are supervisors who admitted on record that the evidence they came to give are given to them by the agents on the field. He stated that their evidence were clearly hearsay. The 7 witnesses who testified to what they saw were badly discredited. As for the supposed “expert witnesses” PW15 and PW 38 their evidence was badly discredited to the extent that on record they admitted that their reports were false. At this stage, the Justices of the Supreme Court directed Chief Olujinmi to read the portion of the record where it was so admitted and it was read clearly to their hearing. He therefore submit that with all these facts, there is no reasonable tribunal that can give judgment to the Appellants in the circumstance. He therefore urged the Court to dismiss the petition.
Akeredolu SAN while adopting his briefs on behalf of the 2nd respondent submit that the findings of the lower court is supported by the record and cannot be faulted by any stretch of imagination. He also maintained that there is nowhere in the record where the tribunal admitted there were irregularities and challenge the Appellants to show the court the portion of that judgment.
Chief Awomolo on his own for the 3rd respondent argued that the contention of the Appellants that failure of the 3rd respondent to call witnesses is fatal to their case has no basis in law especially when the appellant has failed to lead cogent and reliable evidence.
The Supreme Court having listened to the arguments of Counsel adjourned for judgment which is slated for 27th May, 2015.
Governor State of Osun, Ogbeni Rauf Aregbesola (right) discussing with the United States Consulate General of American Embassy, Lagos State,Mr. Jeffery Hawkins, during a courtesy visit to the Governor in Lagos State, on 07/05/2015.
Governor State of Osun, Ogbeni Rauf Aregbesola (right) presenting his state Emblem to Consulate General of American Embassy, Lagos State,Mr. Jeffery Hawkins, during a courtesy visit to the Governor in Lagos State, on 07/05/2015.
Governor State of Osun, Ogbeni Rauf Aregbesola (second right); Consulate General of American Embassy, Lagos State, Mr. Jeffery Hawkins (second left); Political Officer of American Embassy in Lagos, Mrs. Erica Chiusano (right) and Former Senior Assistant to the Osun Governor on Federal Matter, Mrs. Idiat Babalola (left), during a courtesy visit to the Governor, in Lagos State, on 07/05/2015.
Governor State of Osun, Ogbeni Rauf Aregbesola (middle); Consulate General of American Embassy, Lagos State, Mr. Jeffery Hawkins (left) and Political Officer of American Embassy in Lagos, Mrs. Erica Chiusano (right), during a courtesy visit to the Governor, in Lagos State, on 07/05/2015
Governor State of Osun, Ogbeni Rauf Aregbesola (right) with Former Nigerian Minister of Finance and Agriculture, Mallam Adamu Ciroma, during Aregbesa’s visit to his Abuja residence, on Wednesday 06-05-2015
From left, Former Nigerian Minister of Finance and Agriculture, Mallam Adamu Ciroma; Governor State of Osun, Ogbeni Rauf Aregbesola; Former Deputy Chief of Staff to the Governor, Mr. Gbenga Adebusuyi; Former Special Adviser to the Governor on Federal Matters, Mrs Idiat Babalola and others, during Aregbesola’s visit to Ciroma’s Abuja residence on Wednesday.
The Governors elected on the platform of the All Progressives Congress have stated that they met with President-elect Muhammadu Buhari to discuss the precarious state of the Nigerian economy.
The Chairman of the APC Governors forum and governor of Imo state, Rochas Okorocha, who briefed reporters at the end of the meeting that held at the Defence House Abuja, said the country’s economy is in such bad shape that no state has been able to pay salaries of its workers.
President-Elect, Muhammadu Buhari (Centre); Vice President-Elect,Professor Yemi Osinbajo (5th right); Governor State of Osun, Ogbeni Rauf Aregbesola (4th right back row); Chairman, All Progressives Congress (APC), Chief John Oyegun (4th left); Chairman, Progressives Governors’ Forum, Rochas Okorocha (3rd right); Speaker House of Representatives, Honourable Aminu Tambuwal (2nd right) and other Governors of the APC, during a solidarity visit to the President-Elect in Abuja on Tuesday 05-05-2015.
From right, President-Elect, Muhammadu Buhari; Vice President-Elect, Professor Yemi Osinbajo and Governor State of Osun, Ogbeni Rauf Aregbesola, during a Courtesy Visit to the President-elect in Abuja on Tuesday 05-05-2015.
From left, Governor State of Osun, Ogbeni Rauf Aregbesola; Speaker House of Representatives, Honourable Aminu Tambuwal; Nasarawa State Governor, Umaru Al-makura; his Borno State counterpart, Alhaji Kashim Shettima and others, during a Solidarity Visit to the President-Elect in Abuja on Tuesday 05-05-2015.
Osun State Chapter of Parents Teachers Association of Nigeria (PTA) has expressed its preparedness to assist the state government in the enforcement of the payment of N1,500 tax bonanza introduced to boost its Internally Generated Revenue (IGR).
The decision to assist in the enforcement of the payment of the tax bonanza was conveyed to the state government at a meeting held with the State Internal Revenue Board led by its chairman, Mr. Dayo Oyebanji.
At the meeting attended by the PTA chairmen from across the 30 local government councils of the state, it was also agreed that the N1,500 tax bonanza for 2013/2014/2015, making N4,500, would be paid to assist the state out of its current financial predicament.
The state government owes four months salaries of its workers as a result of the dwindling revenue from the federal allocation.
Speaking at the meeting, the chairman of the association, Mr. Demola Ekundayo, said the decision to assist the government in the tax collection was part of the association’s resolve to contribute to the development of the state especially regarding the public primary and secondary schools.
He explained that Governor Rauf Aregbesola has been using the tax for the ]development of the state. Saying “this is why parents have deemed it fit to complement his efforts in moving the state forward.
Ekundayo who lauded the developmental programmes embarked upon by Aregbesola’s administration, especially in the education sector however appealed to government not to relent in providing qualitative education for the students as promised in his Six Point Integral Action Plans.
Reacting, the Chairman of State Internal Revenue Service, Mr. Dayo Oyabanji expressed happiness with the support of the PTA, promising that government would not relent in ensuring good standard of living and better education for the pupils.
Oyebanji noted that the government introduced tax bonanza to make it payment affordable and serve as relief adding that at the expiration of the bonanza period, each parent would have to pay that according to their earnings as enunciated by the tax law.
http://leadership.ng/news/430978/osun-parents-back-aregbesolas-revenue-drive
Osogbo – House of Assembly members-elect in Osun have been urged to shun partisanship and work together for the development of the state.
The Resident Electoral Commissioner (REC) in the state, Mr Adekunle Ogunmola, made the call on Monday while presenting certificate of return to them at the Independent National Electoral Commission (INEC) office in Osogbo.
He said that now that the elections were over, the next thing for the assembly members-elect to do was to ensure service to the people.
The REC, who described the in-coming lawmaker as members of the same family, said ‘’we are all members of the same family and we must ensure that we do our best to ensure good governance in the state.
Also read: Lagos REC says satisfied with parties’ conduct
“What is next now is service to the people and to achieve this we must remove partisanship and work collectively for the development of this state.
“Your people have reposed their confidence in you and you must work hard not to betray that confidence.”
In his speech, the Speaker of the house, Mr Najeem Salaam, who was also re-elected, described the next dispensation in the assembly as ‘’a new challenge’’ which required more commitment from the legislative arm of government.
He promised that the assembly would continue to do its best to better the lot of the people, to justify the confidence the people have in the members.
http://www.news24.com.ng/Elections/News/REC-urges-Osun-Assembly-members-elect-to-shun-partisanship-20150504
The Governor of Osun, Ogbeni Rauf Aregbesola, has congratulated workers in Nigeria as they join their counterparts all over the world to celebrate the International Worker’s Day just as he assured them that with commitment to transparent governance, the days of revenue crisis would soon be over.
The governor in a statement to mark the day by the Director, Bureau of Communication and Strategy, Mr. Semiu Okanlawon, charged workers to cooperate with the in-coming government of Alhaji Muhammadu Buhari to take Nigeria to a greater heights.
He described workers as the engine room of any administration, urging them to direct their professionalism towards the realisation of the goals and aspirations of the in-coming administration in the country.
Aregbesola noted that, workers as indispensable elements in any government, relevant stake holders in all sectors of the economy, must strive to ensure that the welfare of their employees are not treated with levity.
He re-affirmed the commitment of his government’s desire towards running worker’s friendly administration as has been before, maintaining that Osun government is working round the clock to clear pending salaries.
He expressed regrets that the slip-shod handling of the nation’s resources was allowed to culminate to nationwide delay in payment of salaries and other entitlements despite alarms raised early enough to forestall such an unfortunate development.
According to the statement, “With transparent handling of national resources, the days of revenue crisis in Nigeria would soon be over and workers would once again be assured of their place of priority. We are committed to furthering our achievements in Osun as far as the welfare of workers are concerned,” the statement noted.
