The Supreme Court has affirmed Ademola Adeleke of the Peoples Democratic Party, PDP as the elected Governor of Osun State.

Mr Gboyega Oyetola and his party, the All Progressives Congress, APC, approached the apex court in a suit numbered, SC/CV/510/2023, praying the court to set aside the decision of the Abuja Division of the Court of Appeal, which voided the judgment of the Osun State Election Petition Tribunal, which returned Oyetola as the winner of the November July 16, 2022 governorship election.

Mr Oyetola and APC in their case filed to Supreme Court by their lead counsel, Prince Lateef Fagbemi (SAN), want the apex court to determine whether the appellate court was right “in declaring as nullity the judgment of the tribunal delivered on January 27 notwithstanding the earlier resolution of the same court that Section 294(1) of the Constitution is inapplicable to a tribunal”.

The Justice Tertsea Kume led-tribunal, had on January 27, in a split decision of two-to-one, voided the declaration of Adeleke as the winner of the governorship election held on July 16, 2022.

In the majority judgment, the tribunal upheld a petition filed by the former governor of the state, Adegboyega Oyetola of the APC who came second in the election.

It held that Adeleke did not score the majority of lawful votes, adding that the conduct of the election was not in substantial compliance with provisions of the Electoral Act, 2022.

However, in his dissenting judgment, the third member of the panel, Justice P. Agbuli, affirmed Senator Adeleke as the valid winner of the election and struck out the petition that was lodged by Oyetola and the APC.

The development triggered the Adeleke and his party, to approach the Appeal Court, and prayed the appellate court to set aside the verdict of the Osun State Governorship Election Petition Tribunal, which sacked him from office.

The court, which found Adeleke’s appeal meritorious and allowed it held that the lower tribunal was “wrong to reach the conclusion that there was over-voting during the state governorship election held on 16 July 2022″.

Justice Mohamed Lawal Shuaibu, who prepared and delivered the unanimous judgment held that “the lower tribunal was wrong to have come to the conclusion of overvoting based on the document presented by the first and second respondents (Oyetola and APC) and also on Exhibit BVR, which requires demonstration in public court”.

The Court of Appeal noted that Oyetola and the APC “did not tender the voters’ registers and Bimodal Voters Accreditation System (BVAS) machines,” which captured data of eligible voters at the Osun governorship election and held that the foundation of what transpired at the polling units would only be established by the evidence that is contained in the voter register and BVAS machines, which are the foundation of any election”.

Aside from setting aside the judgment of the lower tribunal, the appellate court awarded 500,000 naira cost against the APC and its candidate, Gboyega Oyetola.

Similarly, the court dismissed the cross-appeal filed against the judgment of the Osun State Election Petition Tribunal by the former Osun State governor and his party.

The cross-appeal which centred on the educational qualification of Governor Adeleke was thrown out for lacking in merit.

Culled/Tribune/Maxwell Oyekunle

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