The Osun State Governorship Election Petition Tribunal sitting in Osogbo yesterday declared Alhaji Adegboyega Oyetola of the All Progressives Congress (APC) the duly elected governor of the state in the July 16 gubernatorial election.
The tribunal consequently ordered that the certificate of return earlier issued to the candidate of the Peoples Democratic Party (PDP), Senator Ademola Adeleke, be withdrawn with immediate effect.
The majority judgement delivered by the chairman, Justice Tertsea Kume, held that the admittance of over voting in six polling units by the respondents established non- compliance with electoral law and therefore the need to look into discrepancies in the 744 polling units presented by the petitioner.
He maintained that after the deduction of valid votes cast from the over voting at these polling units, Oyetola polled 314,941 while Adeleke polled 290,266.
While saying that it is the duty of the tribunal to deduct the valid votes from the over voting, Kume pointed out that the declaration of Adeleke as governor was therefore null and void and the certificate of return issued to him as the governor should be withdrawn.
“For the second emphasis, the total lawful votes of each of the candidates after the deduction of the invalid votes is 314,913 votes for the first petitioner and 290, 666 votes for the second respondent.
“Consequently, the second respondent did not score a majority of lawful votes cast for the election. The declaration retain is hereby declared null and void.
“In otherwise, the defenses of the respondent are clear with fundamental flaws, highly irreconcilable or unreliable and capable of defeating the credible evidence tendered by the petitioner in respect of the 744 polling units where over voting has been established,” he said.
Earlier, the tribunal had held that Adeleke was at the time of contesting for the election qualified to contest.
But in his minority judgement, Justice B.A Ogbuli held that there was no over voting in the election.
While aligning with the majority judgement on the issue of qualifications of the second respondent to contest the election however declared that the second respondent was duly elected as Osun governor
Meanwhile, Governor Adeleke has described the judgement as a miscarriage of justice, vowing to challenge the ruling at the Court of Appeal.
According to a press release signed by his spokesman Mallam Olawale Rasheed, Adeleke faulted the resolution of the over-voting question in favour of Mr Oyetola, calling it “an unfair interpretation against the will of majority of voters”
While urging his supporters to remain calm, Governor Adeleke vowed to appeal the judgement at the Court of Appeal, insisting that he remained the rightful winner of the July 16 election.
Also reacting, Alhaji Adegboyega Oyetola said there was no victor, no vanquished, adding that there was a collective victory for Osun State and the nation’s democracy.
His words: “I am happy that the judgement has resolved the controversy of July 16, 2022 governorship election.
“INEC is the greatest beneficiary of the judgement, it will afford them the opportunity to look at all the anomalies and make necessary corrections to prevent such mistakes again now that the general election is coming.
“I thank the people of the state and supporters for standing by us for their courage and loyalty, I want to assure them that we are ready to continue to serve them.”
While the Ede country home of governor Ademola Adeleke wore a pensive mood, there was jubilation in Iragbiji country home of Oyetola while protesters thronged Jaleyemi, Odi Olowo and the popular Olaiya junction.
Reacting, APC presidential candidate Bola Ahmed Tinubu congratulated Oyetola, on his victory at the tribunal.
In a congratulatory message to Oyetola, Asiwaju Tinubu said the victory of Oyetola was deserving, describing it a “triumph of courage and perseverance, and light over the forces of darkness that sought to arrest the progressive good governance the APC administration delivered to the people of Osun State under the leadership of Oyetola.”
Tinubu in the statement signed by his media aide, Tunde Rahman, stated: “I heartily rejoice with Alhaji Adegboyega Oyetola on his much deserved victory at the Election Tribunal today. It is the victory of light over darkness. A triumph of perseverance, courage and justice over electoral fraud and democratic perversion.
The APC has also congratulated Oyetola on the judgment.
In a statement by its national publicity secretary, Felix Morka, it said the verdict represents a victory for democracy and rule of law in the country.
Morka noted that the judgement has affirme the will of the “Osun electorate as expressed at the polls.”
He said the peaceful atmosphere under which the election was conducted showed the party’s “commitment to bequeathing a legacy of credible elections, and independent and fair dispensation of electoral justice.”
Former governor of Ekiti State and incumbent president of the Forum of Regions of Africa (FORAF), Dr. Kayode Fayemi, also congratulated Oyetola
Fayemi in a statement issued on his behalf by his media office in Abuja, said, “I am happy with the tribunal’s decision and sure that it reflects the will and preference of the majority of the people of Osun State. I commend Governor Oyetola for using peaceful legal means to reclaim his mandate.”
Ondo State Governor Oluwarotimi Akeredolu hailed the judgment. Akeredolu, in a statement by his chief press secretary, Richard Olatunde, said the judgement reflected the will of the people of the state who voted massively for the APC and Oyetola in the election.
