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Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal - Politics - Nairaland

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Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by pavoda: 2:09am On Jan 28, 2023
This is the Excellent Legal opinion Delivered by Member 1 of the Election Petition Tribunal sitting in Osogbo. Those who have any legal Knowledge will see that the Chairman of the Tribunal made magic out of the facts and evidence provided.

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by pavoda: 2:10am On Jan 28, 2023
Justice P. Ogbuli disagreed with the majority judgment, saying that there are two BVAS reports and since there are inconsistencies in the two reports presented by both petitioners and respondents, the majority judgment should have considered the results of physical extraction from BVAs because it is the primary source of data of which the petitioners did not oppose.

Ogbuli therefore dismissed Oyetola’s petition and upheld the victory of Adeleke.

4 Likes

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by SmartPolician: 2:40am On Jan 28, 2023
B.A Ogbuli has a good point, but it doesn't matter because he's just one man. However, the question is: Why did INEC issue the first comprehensive BVAS report immediately the election ended?

Since INEC commissioner knew that there was another report underway, they should have delayed the report for a while so they can tender the final report in court. Imagine having two different BVAS reports, making themselves look amateurish, or even dubious.

Also, according to the Section 51 of the 2022 Electoral Law, the judges who had the majority decision (the two others) should have called for a rerun after the cancellation of the results of the BVAS reports being contested. Did they enact their own law yesterday? 🥱

My conclusion is, all these boys who plan to rig election for politicians should learn from this. Technology promotes transparency and you cannot change that. Don't try to alter anything because the law made it clear: over-voting leads to outright cancellation with a rerun conducted. This is what they should have done in this case.

9 Likes

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Ancestortinubu: 2:46am On Jan 28, 2023
BATstad urchins knows their joy will be shortlived because the supreme Court cannot repeat imo drama. Besides apc will exit power when the supreme Court judgment will come.

1 Like

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Mickykarim: 2:54am On Jan 28, 2023
pavoda:
This is the Excellent Legal opinion Delivered by Member 1 of the Election Petition Tribunal sitting in Osogbo. Those who have any legal Knowledge will see that the Chairman of the Tribunal made magic out of the facts and evidence provided.

THIS HAS BECOME IRRELEVANT NONSENSE WITH EMPTY RHETORIC SINCE THE MINORITY DISSENTING JUDGEMENT NEVER MATTERS.

Waste of time with very futile exercise.

10 Likes

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by SmartPolician: 3:44am On Jan 28, 2023
Mickykarim:


THIS HAS BECOME IRRELEVANT NONSENSE WITH EMPTY RHETORIC SINCE THE MINORITY DISSENTING JUDGEMENT NEVER MATTERS.

Waste of time with very futile exercise.

At this point, it could because the judge could have raised a good point PDP can use to build their case in the appeal court, but he dwelt more on Voters' Register.

Well, I expected the judge to mention that there ought to be a rerun as stipulated by Section 51 of the 2022 Electoral Law. It's so disappointing to see that he didn't conclude with that.

7 Likes 4 Shares

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by AlaafinOfOyo: 3:47am On Jan 28, 2023
Justice is for highest bidder in the Nigerian judiciary, especially during these election tribunals

1 Like

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Agbegbaorogboye: 3:49am On Jan 28, 2023
SmartPolician:
B.A Ogbuli has a good point, but it doesn't matter because he's just one man. However, the question is: Why did INEC issue the first comprehensive BVAS report immediately the election ended?

Since INEC commissioner knew that there was another report underway, they should have delayed the report for a while so they can tender the final report in court. Imagine having two different BVAS reports, making themselves look amateurish, or even dubious.

Also, according to the Section 51 of the 2022 Electoral Law, the judges who had the majority decision (the two others) should have called for a rerun after the cancellation of the results of the BVAS reports being contested. Did they enact their own law yesterday? 🥱

My conclusion is, all these boys who plan to rig election for politicians should learn from this. Technology promotes transparency and you cannot change that. Don't try to alter anything because the law made it clear: over-voting leads to outright cancellation with a rerun conducted. This is what they should have done in this case.
Whoever issued the first report is pro-APC and wanted to give them a headstart towards the tribunal. They got the report before they paid if you go by the dates in this judgement which is wrong and illogical.
Secondly the person or persons was not aware there will be a synchronization process before the full report can be gotten from the BVAS machines. He just downloaded what was on the server at that point in time and gave to APC.
All these points to the fact that APC has moles in INEC and most of them are ignorant who think they know. The server does not receive the BVAS reports in real time due to network conditions or the failure of the APO to send the data in real time. However, it stores the data to be later synchronized or downloaded in full to the server.
It makes sense. But APC ran ahead of the machines due to inside job.

4 Likes

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Mickykarim: 3:59am On Jan 28, 2023
SmartPolician:


At this point, it could because the judge could have raised a good point PDP can use to build their case in the appeal court, but he dwelt more on Voters' Register.

Well, I expected the judge to mention that there ought to be a rerun as stipulated by Section 51 of the 2022 Electoral Law. It's so disappointing to see that he didn't conclude with that.

You are very right.

3 Likes

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Roboto11: 4:03am On Jan 28, 2023
Agbegbaorogboye:

Whoever issued the first report is pro-APC and wanted to give them a headstart towards the tribunal. They got the report before they paid if you go by the dates in this judgement which is wrong and illogical.
Secondly the person or persons was not aware there will be a synchronization process before the full report can be gotten from the BVAS machines. He just downloaded what was on the server at that point in time and gave to APC.
All these points to the fact that APC has moles in INEC and most of them are ignorant who think they know. The server does not receive the BVAS reports in real time due to network conditions or the failure of the APO to send the data in real time. However, it stores the data to be later synchronized or downloaded in full to the server.
It makes sense. But APC ran ahead of the machines due to inside job.

The judges are ignorant.

We that are looking at the summary know much better than those that listened to the testimonies, have degrees in Law, have undertaken extensive training and experience in electoral matters.

I'm sure If the outcome had been different you won't be doing this analysis and it would have been a great day for justice.

11 Likes

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by plaindealer: 4:06am On Jan 28, 2023
lol...


Na only the ipob judge disagree..

Koburu, we don hear, majority don talk..

grin

11 Likes 1 Share

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Agbegbaorogboye: 4:16am On Jan 28, 2023
Roboto11:


The judges are ignorant.

We that are looking at the summary know much better than those that listened to the testimonies, have degrees in Law, have undertaken extensive training and experience in electoral matters.

I'm sure If the outcome had been different you won't be doing this analysis and it would have been a great day for justice.
You're the ignorant one.
I'm basing my analysis on the observation of the minority judgement not some beer parlour story.
It's no fault of mine you're not smart enough to draw conclusions from a judgement paper.

If you were half smart you won't be an internet troll for politicians who care less if you drop dead this minute.
Learn to engage your brain intellectually.

6 Likes

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by vowiski(m): 4:18am On Jan 28, 2023
SmartPolician:
B.A Ogbuli has a good point, but it doesn't matter because he's just one man. However, the question is: Why did INEC issue the first comprehensive BVAS report immediately the election ended?

Since INEC commissioner knew that there was another report underway, they should have delayed the report for a while so they can tender the final report in court. Imagine having two different BVAS reports, making themselves look amateurish, or even dubious.

Also, according to the Section 51 of the 2022 Electoral Law, the judges who had the majority decision (the two others) should have called for a rerun after the cancellation of the results of the BVAS reports being contested. Did they enact their own law yesterday? 🥱

My conclusion is, all these boys who plan to rig election for politicians should learn from this. Technology promotes transparency and you cannot change that. Don't try to alter anything because the law made it clear: over-voting leads to outright cancellation with a rerun conducted. This is what they should have done in this case.

We still have a long way …

If over-voting makes a pooling unit to be canceled , a lot of things has to be considered.

This gives room for politicians to deploy people to overvote in their opposition strongholds, so their votes can be cancelled.

The PO and APO ought to be punished in cases where over-voting was allowed. This means they allowed un-accredited voters to vote.

Voters needs to be educated, the BVAS has to be shown to everyone that accreditation figure is at zero. Otherwise , they could easily program the BVAS to start from 40 or 50, already establishing discrepancies when brought for analysis.

In the US, I think people vote on ballots carrying serial numbers which are checked for issues. I think I saw this play out during Trump election fraud case, where they carried out signature verification and serial numbers check.

I really didn’t trust the system because the makers of the laws are politicians, and they must create some kind of loopholes …


I believe we need to do more education on the BVAS, not only for agents but for INEC officials and the general public.

How come these 700+ pooling units , neither party agents saw the discrepancies , and they signed..?

Until punishments are melted out to people who carry out elections offenses , we may not get desired results.


The electoral act should be amended to capture prison sentences for those who make errors in their duty.

So only serious Minded People take the Jobs. A Lot of these INEC adhoc staff don’t know their jobs on the day or the election , because when they are trained , they either press phones , absent minded and only think about the pay and the bribe …

They ought to be punished , they should be punished….

7 Likes 1 Share

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by tempest01(m): 4:29am On Jan 28, 2023
So the travesty by the court was even done on the basis of incomplete bvas data first issued by inec and retracted as incomplete.

These people will cause anarchy soon.

3 Likes 1 Share

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Cajal(m): 5:13am On Jan 28, 2023
SmartPolician:
B.A Ogbuli has a good point, but it doesn't matter because he's just one man. However, the question is: Why did INEC issue the first comprehensive BVAS report immediately the election ended?

Since INEC commissioner knew that there was another report underway, they should have delayed the report for a while so they can tender the final report in court. Imagine having two different BVAS reports, making themselves look amateurish, or even dubious.

Also, according to the Section 51 of the 2022 Electoral Law, the judges who had the majority decision (the two others) should have called for a rerun after the cancellation of the results of the BVAS reports being contested. Did they enact their own law yesterday? 🥱

My conclusion is, all these boys who plan to rig election for politicians should learn from this. Technology promotes transparency and you cannot change that. Don't try to alter anything because the law made it clear: over-voting leads to outright cancellation with a rerun conducted. This is what they should have done in this case.
No sir, over voting is an electoral fraud and the penalty is cancellation without a re run

Kindly go through AREGBE VS OYINLOLA..where about 10 local government were cancelled due to over voting

5 Likes 1 Share

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by SmartPolician: 5:30am On Jan 28, 2023
Cajal:

No sir, over voting is an electoral fraud and the penalty is cancellation without a re run

Kindly go through AREGBE VS OYINLOLA..where about 10 local government were cancelled due to over voting

The electoral law has been ammmeded. Download and read the Electoral Law of 2022 Section 51. It talks about over-voting.

3 Likes 1 Share

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by SmartPolician: 5:34am On Jan 28, 2023
vowiski:


We still have a long way …

If over-voting makes a pooling unit to be canceled , a lot of things has to be considered.

This gives room for politicians to deploy people to overvote in their opposition strongholds, so their votes can be cancelled.

The PO and APO ought to be punished in cases where over-voting was allowed. This means they allowed un-accredited voters to vote.

Voters needs to be educated, the BVAS has to be shown to everyone that accreditation figure is at zero. Otherwise , they could easily program the BVAS to start from 40 or 50, already establishing discrepancies when brought for analysis.

In the US, I think people vote on ballots carrying serial numbers which are checked for issues. I think I saw this play out during Trump election fraud case, where they carried out signature verification and serial numbers check.

I really didn’t trust the system because the makers of the laws are politicians, and they must create some kind of loopholes …


I believe we need to do more education on the BVAS, not only for agents but for INEC officials and the general public.

How coke these 700+ pooling units , neither party agents saw the discrepancies , and they signed..

Until punishments are melted out to people who carry out elections offenses , we may not get desired results.


The electoral act should be amended to capture prison sentences for those who make errors in their duty.

So only serious Minded People take the Jobs. A Lot of these INEC staff don’t know their jobs on the day or the election , because when they are trained , they either press phones , absent minded and only think about the pay and the bribe …

They ought to be punished , they should be punished….

Well, that's why I keep saying that any party that has no reliable party agents in polling booths is just wasting their time. You cannot have your people at the PB and they allow over-voting in your favour.

Parties also need to enlighten their agents because they may think that cheating will favour them, not knowing that it is the shortest way of committing harakiri.

3 Likes

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by SmartPolician: 5:48am On Jan 28, 2023
Agbegbaorogboye:

You're the ignorant one.
I'm basing my analysis on the observation of the minority judgement not some beer parlour story.
It's no fault of mine you're not smart enough to draw conclusions from a judgement paper.

If you were half smart you won't be an internet troll for politicians who care less if you drop dead this minute.
Learn to engage your brain intellectually.

The guy you quoted didn't attack you in any way. Your attack was totally needless.

His point is that the jury didn't do a good job, thereby leaving room for people to assume a lot of things.

1 Like

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by AdaojoTheUrchin: 6:26am On Jan 28, 2023
SmartPolician:
B.A Ogbuli has a good point, but it doesn't matter because he's just one man. However, the question is: Why did INEC issue the first comprehensive BVAS report immediately the election ended?

Since INEC commissioner knew that there was another report underway, they should have delayed the report for a while so they can tender the final report in court. Imagine having two different BVAS reports, making themselves look amateurish, or even dubious.

Also, according to the Section 51 of the 2022 Electoral Law, the judges who had the majority decision (the two others) should have called for a rerun after the cancellation of the results of the BVAS reports being contested. Did they enact their own law yesterday? 🥱

My conclusion is, all these boys who plan to rig election for politicians should learn from this. Technology promotes transparency and you cannot change that. Don't try to alter anything because the law made it clear: over-voting leads to outright cancellation with a rerun conducted. This is what they should have done in this case.

What if I as a politician decides to sponsor overvoting in favour of my opponent in polling units and wards where my opponent has robust support base, so that I can have it cancelled later while my own votes are intact?

1 Like

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by DesChyko: 6:29am On Jan 28, 2023
Agbegbaorogboye:

You're the ignorant one.
I'm basing my analysis on the observation of the minority judgement not some beer parlour story.
It's no fault of mine you're not smart enough to draw conclusions from a judgement paper.

If you were half smart you won't be an internet troll for politicians who care less if you drop dead this minute.
Learn to engage your brain intellectually.

Exactly the problem with engaging certain fellows on this platform. When you go objective, they spit disjointed words that can only qualify as beer parlour rhetoric. 🤮

2 Likes 1 Share

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by SmartPolician: 6:32am On Jan 28, 2023
AdaojoTheUrchin:


What if I as a politician decides to sponsor overvoting in favour of my opponent in polling units and wards where my opponent has robust support base, so that I can have it cancelled later while my own votes are intact?

It's not possible, sir. That's why every serious party in this election MUST have agents in polling booths, else they are wasting their time. Your agent won't let that happen. And INEC has to be neutral at all times. If they are, they won't let that happen either.

More importantly, the law says cancel the election and call for a rerun (if the results of the cancelled PUs are enough to alter the disparity between the winner and the loser).

Lastly, search, download and read the Electoral Law 2022. You can go to Section 51; it talks about over-voting. These people made these laws available in a digital format so that we can read, learn and be enlightened citizens.
Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Agbegbaorogboye: 6:40am On Jan 28, 2023
SmartPolician:


The guy you quoted didn't attack you in any way. Your attack was totally needless.

His point is that the jury didn't do a good job, thereby leaving room for people to assume a lot of things.

It's unfortunate you failed to catch the sarcasm in his statement.

So much for a smart polician or whatever
Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Agbegbaorogboye: 8:40am On Jan 28, 2023
fergie001
Can you help with the majority judgement
Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Roboto11: 9:03am On Jan 28, 2023
Agbegbaorogboye:

It's unfortunate you failed to catch the sarcasm in his statement.

So much for a smart polician or whatever

Go and appeal and stop drop saliva all over the place.

6 Likes

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by techWriter3: 9:10am On Jan 28, 2023
lol
Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Agbegbaorogboye: 9:11am On Jan 28, 2023
Roboto11:


Go and appeal and stop drop saliva all over the place.

Go and die
Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Parachoko: 9:17am On Jan 28, 2023
Make una go join Adeleke defence team

Una go wail tire

1 Like

Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Viscuz: 9:18am On Jan 28, 2023
Parachoko:
Make una go join Adeleke defence team

Una go wail tire

U dey online morning till night jobless then dey find who dey wail.

Chai

Parachoko my super urchin
Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by Viscuz: 9:19am On Jan 28, 2023
Parachoko:
Make una go join Adeleke defence team

Una go wail tire

U dey online morning till night.

jobless


then dey find who dey wail.

Chai

Parachoko my super urchin
Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by citygarden(m): 9:27am On Jan 28, 2023
Why can't we ask our self this truthful question? Is this the first time of this type of judgement? It happens in this same osun between oyinlola and aregbe. And why inec are not appealing this judgement, because they know the technicality of their mistakes on this won't favour them in the appeal. Those inec official that rig for Adeleke didn't do with technically. They are just tumb printing. Even APC rig in their winning polling unit, but they do it with technicality that you will not see anything like over voting. They know the game.
Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by pavoda: 9:32am On Jan 28, 2023
angry
Re: Dissenting Opinion By Justice B.A Ogbuli On Osun Election Tribunal by YeeboMuslim: 9:33am On Jan 28, 2023
He's an ipob judge

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