The Court of Appeal, Abuja, Friday, set aside the tribunal judgment that nullified the election of Ademola Adeleke as Osun State governor.
The appellate court, in a unanimous decision by a three-member panel of justices, held that the appeal lodged by Adeleke to challenge his sack by the Osun State Governorship Election Petition Tribunal was meritorious.
The court, led by Justice Mohammed Lawal, also held that the sum of N500,000 is awarded as a cost against the All Progressives Congress (APC) and its candidate, Gboyega Oyetola.
Also read: Court Nullifies Adeleke’s Nomination As PDP’s Candidate For Osun Gov Poll
During the ruling, the justice resolved that the preponderance of proof that there was over-voting in the elections rested on the petitioner.
The court also maintained that “the party alleging non-compliance with the electoral act must prove its case without merely relying on the weakness of the other party.”
Delivering judgment, Justice Mohammed Shaibu overruled the judgement of the governorship election tribunal that nullified the outcome of the July governorship polls.
The three-man panel revoked the tribunal’s order which directed that a Certificate of Return be withdrawn from Adeleke and issued to his predecessor and All Progressives Congress candidate, Oyetola.
Recall that Justice Tertsea Kume led a three-member panel tribunal, had on January 27, in a split decision of two-to-one, voided the declaration of Adeleke as winner of the governorship election held on July 16, 2022.
In the majority judgement, the tribunal upheld a petition filed by the former governor of the state, Gboyega Oyetola of the All Progressives Congress (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.
According to the tribunal, the petitioners, Oyetola and APC, successfully established that there was over-voting in 744 polling units in the state.
After deducting the said invalid votes, the tribunal declared Oyetola as winner of the governorship contest and directed the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return it earlier issued to Adeleke.
However, in his dissenting judgement, the third member of the panel, Justice P. Agbuli, affirmed Adeleke as the valid winner of the election and struck out the petition that was lodged by Oyetola and the APC.
Dissatisfied with the majority decision that sacked him from office, governor Adeleke took the case before the Court of Appeal.
The Osun tribunal had annulled Adeleke’s victory and affirmed Gboyega Oyetola of All Progressives Congress as the authentic winner of the poll after the Independent National Electoral Commission had returned Adeleke as the winner of the poll.
INEC said Adeleke polled 403,371 votes to defeat then incumbent Governor Adegboyega Oyetola of the APC, who got 375,027 votes
But, Oyetola and the APC rejected the result of the poll and headed for the tribunal.
In its January 27, 2023 majority verdict, the Justice Tertse Kume-led tribunal annulled Adeleke’s victory and declared Oyetola the winner of the poll.
However, a minority judgment by Justice B. Ogbuli affirmed Adeleke as the winner of the poll.
Displeased, Adeleke and the PDP headed for the Court of Appeal.
The Court of Appeal heard the appeal on March 13 and reserved its judgment.
No victory, no vanquish- Adeleke
Meanwhile, Senator Adeleke has described the outcome as “no victory, no vanquish.”
Speaking shortly after the judgement at his Ede country home, the Governor said Osun belongs to all irrespective of political or religion affiliation.
He urged members of the opposition party to cooperate with his administration to move the state to the next level.
“Osun belonged to all of us, irrespective of party affiliation. This is democracy and the beauty of it is healthy competition. So, the judgement for me is a no victor, no vanquish. We should all return to the table and continue the good work of moving Osun forward.
“I urged the good people of the state to continue to be law abiding. From me, I am assuring you that the good work is just starting, they should expect more dividends of democracy.
“I also commend the Judges of the Court of Appeal for standing on the side of truth. They should continue to stand on the side of the law. The court is the last hope of the common man and we commend the court for dispensing justice today,” he said.
