Appeal Court Condemns ‘Buga Wọn’ Remark By Osun Tribunal

The said remarks, though unwarranted and condemnable, but had in no way affect[ed] the conclusion reached by the tribunal.

The Abuja division of the Court of Appeal has said that the controversial remark made by a judge at the Osun State Election Petition Tribunal in its judgement of January 27 against Governor Ademola Adeleke of Osun State is condemnable.

The court, however, ruled that the remark “was no positive evidence that the judge was bias”, and the court needed cogent evidence to prove the allegation of bias brought against the judge.

“For an allegation of judicial bias, the person of a judge to succeed, the accuser must establish his allegation on some extra judicial factors or reasons, but where such factors of reasons are absent, such ‘perceived’ judicial bias is insufficient to justify disqualifying a judge from participating in a case which is properly brought before him for judgement,” Justice Muhammed Shuaibu noted in a certified true copy of the judgement obtained by our correspondent.

Justice Shuaib, speaking on “whether the appellant proved allegation of bias against the tribunal,” the 8th issue formulated for determination by Adeleke’s lawyer, said the controversial remark should not have found its way into the judgement of the tribunal.

“The said remarks, though unwarranted and condemnable, but had in no way affect[ed] the conclusion reached by the tribunal,” the court said.

Dr. Onyechi Ikpeazu, leading Adeleke’s legal team, had argued that the tribunal judges demonstrated elements of bias against Adeleke when they said he could not ‘go lo lo lo lo and buga won‘ as the duly elected governor of Osun State.

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Adegboyega Oyetola of the All Progressives Congress was dissatisfied with the outcome of the July 16, 2022 gubernatorial election, which produced Adeleke of the Peoples Democratic Party (PDP) as the Osun State Governor. Upon his petition at the tribunal, the court ruled that Adeleke won and directed the Independent National Electoral Commission (INEC) to withdraw his certificate of return and issue a new one to Oyetola.

In turn, Adeleke proceeded to the appellate court for the setting aside of the lower court’s order. In his favour, the court ruled on March 24 that “on the whole, the appeal is meritorious and is hereby allowed”.

While Oyetola was the first respondent in the appeal, the APC, INEC and the PDP were the second, third and fourth respondents respectively.

The controversial phrase was culled from a song released by Oluwatobiloba Daniel Anidugbe, known with his stage name, Kizz Daniel, titled ‘Buga Wọn’. It could be lightly translated as ‘flaunt your accomplishment’.

On November 27, 2022, at his inauguration venue, Adeleke danced to the song when it was played by the disc jockey.