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Osun Tribunal Verdict: 10 Questions For Learned Silk, Femi Falana, By Barr Hashim Abioye



Barr. Hashim Abioye

Help call the attention of Learned Silk Femi Falana to the following points, so as for him to retrace his position on Arise Tv interview, and in his subsequent interviews as far as Osun 2022 Governorship Election Petition proceedings were concerned:

1. Let the Learned Silk be informed that the Tribunal rejected a certified true copy of the Court of Appeal judgment that cleared Senator Ademola Adeleke of forgery as per his academic documents submitted to INEC in 2018. Let him in good conscience assist us with the position of the law in this situation.

2. Let the Learned Silk also know that the Tribunal closed its eyes against the Law pavilion authority cited before it that reported the Court of Appeal decision that cleared Adeleke of forgery in respect of the same issue and document attached to his electoral forms both in 2018 and 2022, despite the mandatory provision of the Constitution and the Evidence Act that all subordinate courts must take judicial notice of and apply the decisions of superior courts. Infact, that all courts must take judicial notice of judgments of especially superior courts of record.

3.Let Oga Femi Falana SAN, be informed that the petitioners never challenged the accreditation on BVAS machines themselves, neither did they challenge the data extracted directly from the BVAS machines which never established over-voting as falsely claimed by the petitioners.

4. Let the Learned Silk know that the petitioners were challenging the election on the figures on the BVAS reports obtained from the INEC back end server as against the BVAS machines and the direct data on them. Let the Learned silk know that there were two backend server reports which were contradictory, however the information on the machines themselves never changed and they tallied with the Forms EC8As.

5. Let the Learned Silk advise which of the two contradictory BVAS reports from the server should be preferred over the other. Let him tell us which one was the primary source and the best evidence between the BVAS reports from the server and the data extracted directly from the BVAS machines.

6. Let the Learnes Silk, Femi Falana, enlighten us whether truly, voters register has no place again in our elections. Let him tell us if truly voters register has no place again in our elections and has been replaced by BVAs whether to establish over-voting you need not bring the BVAS itself the primary source.

7. Let the Learned Silk explain to us section 51 of the Electoral Act, 2022, whether when overvoting is truly established and it is substantial as to alter the results of the election, whether a declaration or return could be made as done by the Tribunal.

8. Let him also tell us whether he had really gone through the pleadings of the party vis-a-vis the proceedings at the Tribunal before rendering his opinion on National TV, because from his submission, he seemed not to grab it properly that what the petitioners queried was not the BVAS itself but the BVAS report obtained from the INEC back end server.

9. Let the Learned Silk educate us on whether the Constitutional provision mandating each court or tribunal sitting as a panel to not only express but also pronounce their opinion in writing, individually, even if in absentia, is sacrosanct.

10. Finally, let Oga tell us whether the Constitution envisages joint delivery of a judgment co-signed or counter-signed by judges sitting as a member, without each of them reducing his individual opinion separately in writing, even if to write “I agree”.

Hashim Abioye Esq.

Disclaimer: This piece represent the opinion of the writer and not that of CityMirrorNews

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