On Monday, the Court of Appeal in Abuja reserved its decision in an appeal brought by Mr. Ademola Adeleke of the Peoples Democratic Party (PDP) against the tribunal’s decision invalidating his election as governor of Osun.
After hearing from Adeleke’s attorneys, Onyechi Ikpeazu, SAN, and Lateef Fagbemi, SAN, who represented the immediately-past governors, Mr. Gboyega Oyetola, the three-member panel headed by Justice M. F. Shuaibu announced that judgement would be rendered at a later time.
According to the News Agency of Nigeria (NAN), Oyetola and the All Progressives Congress (APC) are the first and second respondents in the appeal with the file number CA/AK/EPT/GOV/01/2023, and Adeleke is the appellant.
Additionally included as the third and fourth respondents, respectively, are the PDP and the Independent National Electoral Commission (INEC).
However, INEC, represented by Paul Ananaba, SAN, and PDP, represented by Alex Iziyon, SAN, did not file any process in the case.
The appellant court is also expected to sit on the cross appeals filed by PDP, INEC and Oyetola.
NAN reports that the Osun State Governorship Election Petition Tribunal had, on Jan. 27, voided the July 16, 2022 election that produced Adeleke of PDP as the elected governor.
INEC had declared Adeleke the winner of the election after polling a total of 403,371 votes.
He was said to have won in 17 of the 30 local government areas in the state.
But the panel led by Justice Terste Kume, in its judgment, invalidated the election and declared Mr Gboyega Oyetola of APC as the valid winner of the poll.
The tribunal directed INEC to withdraw the certificate of return issued to Adeleke and his deputy, Kola Adewusi, both of whom had been sworn in.
It, however, directed that the certificate of return should instead be issued to Oyetola.
Justice Kume held that the governorship election was not held in compliance with Nigeria’s Electoral Act.
The tribunal also held that the governorship election was characterised by over-voting.
It said after deducting the excessive votes, the figure Oyetola polled at the election was 314, 921.
The tribunal, thus, ordered that Oyetola should be returned as governor of Osun State.
NAN reports that INEC, in its earlier results, said Oyetola won in 13 LGAs with 375,027 votes in the July 16, 2022 governorship election.
Fifteen candidates contested for the poll which was keenly contested between Adeleke and Oyetola.
In his petition, Oyetola, the immediate-past governor of the state, had alleged that the election was characterised by over-voting in 749 polling units.
He also argued that Adeleke forged the academic credentials he submitted to NEC to contest for the election.
The tribunal had commenced sitting in August 2022, a few weeks after the governorship election.
Oyetola and the APC were petitioners in the case with Lateef Fagbemi, SAN, and Akin Olujimi, SAN, as their lead counsel.
INEC was the 1st defendant, Adeleke the 2nd defendant and PDP as 3rd defendant. (NAN)
