Although counsel to former Osun State Governor, Gboyega Oyetola, Oloruntomiloba Olagunju told Channels Television that the ‘Buga Won’ comment made by the Election Petitions Tribunal was done in passing, arguments for and against have been unrelenting.
In his article X-Raying The “BUGA” Controversy…”, Abdulrasheed Ibrahim, esq. had this to say: “We can go on and on to cite severally beautiful passages from the judgments of our great jurists to further buttress the point that when a judge is writing his judgments he is at liberty to go on voyage of discovery of words, phrases, proverbs and other idiomatic expressions by employing them in his judgment without such discretion being questioned. If one may ask again: If the “Buga” referred in the Tribunal’s Judgment is condemnable, will those flying that argument also condemn the well-respected Bishop Matthew Hassan Kukah for recently dancing to “Buga music” at his 70th Birthday Ceremony ?”
Likewise, another lawyer, Tope Ajayi in his writeup, Governor Adeleke, ‘buga won’ and the Osun election tribunal, asked: “How does the anecdotal reference in the well-reasoned judgment of the election petition tribunal that Governor Ademola Adeleke “can’t go lo lo lo” to “Buga won” and frolic on fraudulent result invalidate the tribunal’s judgement?”
But a Senior Advocate of Nigeria, Abdul Balogun, described the expression as unnecessary. According to learned silk: “The expression has no place in law and therefore, shouldn’t have been used. There are other serious expression that should have been used by the tribunal to drive home their point, not lo lo lo lo BUGA.”
Some lawyers even suggested that the statement was deliberately used to demean and disparage Adeleke who is notable for his love for dancing. Governor Adeleke and the PDP on their part have raised 74 grounds for their appeal against the tribunal judgement that switched his election to former Governor Oyetola.
All said the Independent National Electoral Commission (INEC) has finally joined the fray. Part of INEC’s 44 grounds of appeal which urged the appellate court to set aside the judgement of the Tribunal dwelt on the ‘Buga’ controversy. It is the electoral body’s contention that the Tribunal descended into arena and showed bias.
Ground Forty of the appeal reads:
“The lower Tribunal in its judgment erred in law when it descended into the arena and showed bias against the 2nd and 3rd Respondents when it held and Justice T. A. KUME demonstrated in the Tribunal while delivering judgment that the 2nd Respondent cannot
“go lo lolo lo” and
“Buga won” as the elected Governor of Osun state in the election conducted on 16 day of Julv, 2022.”
Particulars Of Error
i. The said expression by the Lower Tribunal constitutes a descend unto the arena of dispute between the parties.
in. The said expression by the Lower Tribunal in its Judgment indicates strong likelihood of bias against the 3rd and 4th Respondents.
The said expression by the lower Tribunal in its Judgment cast aspersion on the credibility of the judgment.
iv. Justice T. A. Kume went beyond the expression; while delivering the judgment, he demonstrated the “buga sign” instead of “dance steps”.
v. The chairman of the Tribunal ought not conduct himself in such manner
