The Court of Appeal sitting in Abuja has upheld the election of Senator Ademola Adeleke as the governor of Osun State, setting aside the judgment of the state Election Petition Tribunal.
In January, the Election Petitions Tribunal had nullified the election of Adeleke, declaring his opponent, the past governor of the state, Adegboyega Oyetola, the winner. The judgment came following a petition filed by Oyetola, challenging the outcome of the July 16, 2022 Osun State governorship election.
Oyetola, who was defeated as incumbent, had alleged that the election was marred by irregularities, including over-voting, which took place in several polling units in the state, and prayed the Tribunal to sack Adeleke and declare him the winner.
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The Tribunal answered the All Progressive Congress (APC)’s Oyetola’s prayers, declaring him the winner. Justice Tetsea Kume held that INEC did not comply substantially with the constitution and the provisions of the Electoral Act. He also held that the subtracted number of over-votes gave Oyetola more votes than the People Democratic Party (PDP) Adeleke.
However, in a unanimous decision, the three-man panel led by Justice Mohammed Shuaibu of the Court of Appeal, quashed the Tribunal’s judgment and gave its verdict to uphold Adeleke as the rightful governor of Osun State.
The Court of Appeal Panel thereby annulled the Tribunal’s order, directing that a Certificate of Return be withdrawn from Adeleke and issued to Oyetola.
The panel held that the Osun State Tribunal was wrong to have said that there was over voting; a claim that only relied on the evidence by Oyetola and the APC, and as such, doesn’t prove their case in any way.
The judge faulted the plaintiffs. He said they only relied on the data from the back end server and failed to look at the voters register which forms the foundation of the whole electoral process and as such, cannot strengthen their allegations of over voting.
On the issue of jurisdiction, the court ruled in favor of Adeleke, stating that according to section 285(8) of the constitution as amended, the court has every right to entertain the appeal. The court also awarded the sum of N500, 000 against the APC and Oyetola.
In response to the Appeal Court decision, Oyetola stated that his faith in the judiciary remained unshaken and he will take the matter to the Supreme Court.
A statement issued by his media aide, Ismail Omipidan, said from the snippet available from the judgment, there were solid grounds to seek further redress at the apex court.
“We have heard the judgment of the Appeal Court, but we are yet to receive a copy of the judgment.
“However, from the snippets we are getting, we believe we have a potential ground to approach the Supreme Court. Our belief in the judiciary remains unshaken, just as my abiding faith in the God’s promise regarding the reclaim of my mandate remains undoubted,” he said.
“I, therefore, appeal to our supporters and party members to remain calm as we take the next step.”
Aftermath of elections in Nigeria is usually filled with legal tussles of political aspirants fighting to be declared the real winners by the courts. Thus, a significant percent of public office holders is determined by the courts, fostering a culture that democracy advocates say it casts a stench on the electoral umpire. They say lack of confidence in the Independent National Electoral Commission (INEC) to conduct credible elections is making their results questionable.