SAN FRANCISCO, November 16, (THEWILL) - THEWILL has uncovered a plot by Asiwaju Bola Tinubu to replace the judges of the Lagos State Appeal Tribunal hearing the petition of the Action Congress Of Nigeria (ACN) whose candidates lost the local government Chairmanship elections in Badagry and Ikoyi-Obalande Local Government Development Areas of Lagos State.
Having suffered embarrassing electoral defeats in the local government area where his Ikoyi residence is domiciled, Asiwaju Bola Tinubu and the ACN have sponsored a phoney group which has petitioned the new Chief Judge of Lagos State, Justice Ayotunde Adeyoola Phillips, asking her to stop the suit and replace the judges on the panel.
The group has alleged that the judges have been compromised.
A whistleblower who first leaked the plot to THEWILL on Thursday said the panel of judges would be replaced with judges who would upturn the judgement of the lower tribunal and hand victory to ACN candidates.
THEWILL gathered that the judges who were appointed into the Appeal Tribunal by the Lagos State led ACN government have rebuffed several overtures by Tinubu to overturn the verdict of the State’s local government electoral tribunal which affirmed the election of Mustapha Adisa Dada as chairman of Badagry Local Government Area as announced by Tokunbo Fatoyinbo, the Returning Officer, Lagos State Independent Electoral Commission (LASIEC), and its verdict upturning the election of Adewale Adeniji of the ACN in Ikoyi-Obalende Chairmanship election. The tribunal declared Mr. Ibrahim Babatunde Obanikoro of the PDP winner.
The 5 justices are Justice O. Oke (Chairman of the Tribunal), Justice Tunde Oshodi, Justice Dada, Justice Candy Johnson, and Justice Ali Bawse.
THEWILL can report that the appeal Tribunal judges have been pressured by the newly sworn-in Chief Judge of Lagos State, to adjourn indefinitely and not deliver judgments in the two petitions.
Midweek, the Lagos State Appeal Tribunal adjourned the Badagry petition indefinitely, while the same fate befell the Ikoyi-Obalende matter on Thursday. No reasons were given for the sudden adjournments.
Reacting to the shocking decision of the Tribunal judges in the Ikoyi-Obalende petition, the candidate of the Peoples Democratic Party (PDP) and winner of the election, Mr. Ibrahim Babajide Obanikoro addressed a press conference where he appealed to the Chief Justice of Lagos State “to stand and defend the judiciary system because any attempt to derail justice by either changing the judges or extending the duration of the petition is an infringement to justice and an encouragement to lawlessness and abuse of law.”
The full text of the release reads: “Good morning ladies and gentlemen of the fourth realm, this press conference was called to draw the public attention to the latest development on the Ikoyi Obalende Development Area appeal tribunal case at the Lagos State’s Appeal tribunal Igbosere. You will recall our stolen mandate of October 22, 2011 was returned by the election tribunal panel led by Hon. Justice Dolapo Akinsanya on October 4, 2012. That decision was appealed by ACN and its candidate Mr. Wale Adeniji.
Two weeks ago the court adjourned to 15th of November (yesterday) for final argument and to announce date of judgment. We arrived in court yesterday and to our surprise, the registrar of the court announced an adjournment of the case sine die (meaning indefinitely) without reason. In the Nigerian history of election appeal tribunal, this situation will be precedent. There has never been a situation where the court adjourns sine die on an election appeal before hearing the case.
Our investigation revealed via a source that two petitions were filed against the eminent judges alleging bribery and corruption and questioning their integrity. We further learnt that one of the petitions was directed at the panel of five eminent judges while the other was filed against the Chairman of the panel Hon. Justice O. Oke.
While awaiting the receipt of the copy of the petition, we reliably found out that one of the petitions was written and submitted by one Mr. Rasaq Ogunseye an ACN stalwart (Ikoyi Obalende Chairman). Mr. Rasaq Ogunseye was Mr. Wale Adeniji’s collation agent for the LGA result collation on Oct 22 2011 (election day).
Its on record that Mr. Rasaq Ogunseye was a witness during the tribunal proceeding, in his witness statement, he affirmed that he was the local government collation agent for Mr. Wale Adeniji, that all the results of the election was handed over to him but they were misplaced hence he could not produce it to the court. During the appeal proceeding he failed to testify before the Judges. Its perplexing that the petition of a witness deposed to give testimony and failed to do so is accepted and credited to stop an appeal’s tribunal seating.
Permit me to seize this opportunity to appeal to the Chief Justice of Lagos State Hon. Justice O. Philips to stand and defend the judiciary system because any attempt to derail justice by either changing the judges or extend the duration is an infringement to justice and an encouragement to lawlessness and abuse of law.
Hon. Justice O. Philips there is a famous saying “that justice delayed is justice denied”. There is an urgent need for you to wade into this matter to defend and protect the image of the judiciary in Lagos State and Nigeria. I am certain there are processes and procedures for dealing with matters of accusation and petitions as laid down by the National Judiciall Commission -- the umbrella council for the Nigerian Legal system.
Exactly twenty years ago, the military annulled an election, which was adjudged to be the freest at that time in our chequered history. The entire country was at standstill for almost seven years. To my greatest shock and surprise, it is those who benefited most from the fall out of the sad event that are at the center of annulment that took place at Ikoyi/Obalende on 22nd of Oct 2011 and are also trying hard to intimidate and coerce the judiciary into what will amount to travesty of justice.
We are too familiar with ACN’s antics and pranks, we also know they will go to any length to steal and keep mandate but we are resolute that defenders of democracy, law and order will not allow this planned manipulation of the judiciary system via blackmailing, and false allegation of bribery and corruption.
While this press conference is to inform our teeming supporters, the good people of Ikoyi-Obalende and Nigeria at large of the development in our case, it is also pertinent to state that threat to my life have increased in recent times via phone calls, unmarked cars tailgating. Police and other security agencies have been alerted and are again informed with this press conference.
Finally, I will like to state categorically that we are confident of the merit of the case as adjudged by the tribunal panel, we did not seek favours from those courageous judges, we have not sought any in the on going appeal. Again I call on the Chief Justice of our great state; Justice O. Phillips to stand on the right side of history and on the side of Justice. It was the courageous judiciary siding with the civil right activists in the US that gave the world the American society of today which has become a pride to humanity. I call on you to allow with immediate effect the appeal tribunal to resume deliberations on our case and all other outstanding petitions. I also use this opportunity to call on stakeholders, the Nigerian Bar Association, National Judicial Commission, Civil Society organizations, elder statesmen, mothers, fathers, to weigh in on this very important matter.
The great people of Ikoyi-Obalende are asking that their choice on Oct 22nd 2011 as confirmed by the tribunal court judgment of Oct 4th 2012 stand. Justice must prevail.”
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