The court of Appeal sitting in Abuja on Friday set aside the tribunal judgment that nullified the election
of Ademola Adeleke as governor of Osun State.
The appellate court, in a unanimous decision by a three-member panel of Justices, led by Justice Muhammed Lawal, held that appeal lodged by Adeleke to challenge his sack by the Osun State Governorship Election Petition Tribunal was meritorious
The Appeal court also held that the sum of N500,000 is awarded as a cost against the All Progressive Congress (APC), and its candidate, Gboyega Oyetola.
During the ruling, the justice resolved that the preponderance of proof that there was over-voting in the election 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 the judgment, Justice Mohammed Shaibu overruled the judgment 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The three-man panel revoked the tribunal’s order which directed that a certificate of Return be withdrawn from Adeleke and issued to his predecessor and All Progressive Congress (APC), candidate, Oyetola.
The Osun tribunal had annulled Adeleke’s victory and affirmed Gboyega Oyetola of All Progressive Congress (APC) as the authentic winner of the poll after the Independent National Electoral Commission (INEC) 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 27th, 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 the judgment.
But the court of Appeal on Friday set aside the judgment, affirming Adeleke as the authentic winner and the governor of Osun State.