The Court of Appeal, sitting in Abuja, will deliver its judgement on an appeal filed by Governor Ademola Adeleke of Osun State, challenging the nullification of his election by the tribunal.
WITHIN NIGERIA recalls that the Election Petition Tribunal sitting in Osogbo on January 27, sacked Adeleke as the duly elected governor of the state.
The Justice Tertsea Kume-led three-member panel tribunal, 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.
The tribunal declared that the Independent National Electoral Commission, INEC, should withdraw the Certificate of Return issued to Adeleke of the Peoples Democratic Party, PDP and issue the same to former Governor Adegboyega Oyetola of the All Progressives Congress, APC.
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 overvoting in 744 polling units in the state.
Meanwhile, dissatisfied with the majority decision that sacked him from office, governor Adeleke took the case before the Court of Appeal.
Adeleke and the PDP, are urging the appellate court to set aside the verdict of the Osun State Governorship Election Petition Tribunal, which sacked him from office.
In his 31 grounds of appeal, Adeleke, maintained that the decision was a nullity, pointing out that the second member of the panel, Justice Rabi Bashir, failed to render her opinion on the petition, either orally or in writing, but merely appended her signature on the judgement.
“The second member of the lower Tribunal could not have validly signed the decision of the chairman of the lower Tribunal without an opinion”, he argued.
Adeleke, through his team of lawyers led by Dr Onyechi Ikpeazu, SAN, further contended that the tribunal decided the matter without considering the totality of evidence that was adduced before it.
The embattled Osun state governor accused the panel of exhibiting its bias when it left the substance of the case and made reference to his dancing skill.
He told the appellate court that the physical examination that was conducted on the BVAS established a case of over-voting in only six polling units in the state and not 744 polling units as held by the tribunal.
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