The Court of Appeal yesterday upturned the verdict of the Osun governorship election tribunal that declared former governor Adegboyega Oyetola as the duly elected governor of Osun State in the July 16 governorship election in the state.
In a swift reaction, the state governor, Ademola Adeleke, dedicated his victory at to God and the people of Osun State.
The Court of Appeal in Abuja set aside the decision of the Osun State governorship Election Petition Tribunal, which nullified the election of Senator Ademola Adeleke as Governor of Osun State.
Consequently, the Appellate Court affirmed Adeleke as the winner of the state’s governorship election of July, 2022.
Delivering judgment in the appeal filed by Adeleke on Friday, a three-member panel of Justices held that the Tribunal erred when it ruled that the 1st and 2nd respondents (Gboyega Oyetola and the All Progressives Congress) proved their allegation of over-voting in the July 2022 election.
The appellate court gave the judgement in a 31-grounds of appeal filed by Adeleke challenging the nullification of his electoral mandate, and handing same over to former governor Gboyega Oyetola of the All Progressives Congress.
Adeleke of the Peoples Democratic Party had won the said election held on 16 July, 2022, but the result was nullified by the tribunal on the grounds of over-voting.
Oyetola and his party, APC had in August 2022, petitioned the tribunal to challenge the victory of Adeleke on the grounds that he did not qualify to contest the election and that there was over voting in 749 polling units across 10 local government areas of the state.
Consequently, a 3-man panel of the tribunal ordered Adeleke’s sack, and directed the Independent National Electoral Commission to withdraw the certificate of return issued to him and issue a fresh one to Oyetola.
The tribunal held that Adeleke did not score the majority of lawful votes during the July 16, governorship election.
In a split judgement, two out of the three-member panel of the tribunal held that Oyetola proved substantially that there was indeed over-voting in some of the polling units.
Miffed by the decision if the tribunal, Adeleke, PDP and INEC, all headed to the appellate court to seek redress.
Delivering judgment Friday, the panel led by Justice Mohamed Lawal Shuaibu held that the tribunal erred on the side of law by not addressing the issues raised by Adeleke in his preliminary objection to Oyetola’s petition.
Justice Shuaibu added that Oyetola and APC, being the petitioners at the tribunal did not prove that with cogent evidence, the allegation of over voting and non compliance with the Electoral Act.
The panel held that it was wrong for Oyetola and APC to rely on report from INEC back end server to allege over voting without tendering in evidence, BVAS device, voters register and result collation forms to validate their claims.
Also, the court held that the tribunal was wrong to have relied on the table produced from back end server and not from date contained in the BVAS device.
However, on the issue of certification of court processes as required by law, the panel resolved it against the appellant.
The court noted that there was evidence that the respondents paid the necessary fees for certification of the court papers, insisting that not paying within stipulted time cannnot vitiate the legality of the documents.
On the issue of bias raised by Adeleke against Chairman of the tribunal, Justice Shuaibu, who condemned in the strongest terms, the said utterances of the panelist, said, such comment did not in any way affected or influenced outcome of the tribunal’s judgement.
“On the whole, the appeal is meritorious and thereby allowed.
“The 1st and 2nd respondents shall pay cost of N500,000 each to the appellant, the panel held.
Onyechi Ikpeazu, counsel to Adeleke had, while adopting his brief of argument, held that a member of the panel, who is also a chief magistrate, did not voice out her opinion during the judgement delivery.
Ikpeazu insisted that the panel member only appended her signature and the constitution mandates her to make her views about the suit known to the public.
It was Ikpeazu’s contention that not making a comment a comment but rather greeting counsel in the matter did not mean she agreed with the judgement.
But, in it’s judgement, the 3-man panel held that in line with section 294 of the 1999 Constitution, the law requires that a Justice of the Supreme Court or Court of Appeal shall write a judgement, noting that by appending her signature on the judgement, the panelist fully adopted the judgement.
Lateef Fagbemi SAN, counsel to Oyetola, however submitted that from the records of the tribunal, it was stated lucidly, “Judgment of the Osun State Governorship Election Petition Tribunal”.
Fagbemi held that signing of the judgment and not making any comment afterwards does not invalidate the split judgment of two to one, in favour of Oyetola.
He noted that the case of over voting exceeded 6 polling units as claimed by the Appellant, insisting that the electoral fraud took place in the 744 polling units across the state.
Adeleke Dedicates Appeal Court Victory To God, Osun People
Reacting to the judgement, Adeleke in a statement he personally signed said, “I thank God almighty and our good people of Osun State. I dedicate this victory to God and my people. This judgement confirmed my earlier position that the judgement of the Tribunal is a miscarriage of Justice. The judiciary has right the wrongs of the lower Court. This has rekindled the confidence of the nation in the integrity of the judiciary as the stabiliser of the judiciary and last hope of the common man.
“I am particularly glad that the Court of Appeal has ruled that the BVAS machine and voters register are the primary sources, not the report from the server. This has strengthened our democracy and removed a time bomb which the judgement of the Tribunal had planted for our democracy.
“I appreciate Osun people for standing by me and my party through repeated validation of my governorship mandate at the recent federal and state elections. My party won three straight elections from July 16th 2022 to March 18th ,2023. It was a resounding vote of confidence in my governorship by the people of Osun state. The judiciary has now confirmed the will of the people that I am the validly elected Governor of my state.
“I commend the judiciary for resisting all pressure. Rule of law is strengthened when judgement affirms the will of the people. On behalf of Osun people and my party, the PDP,, we appreciate the judiciary and the men of conscience on the bar and the bench.
“Let me use this opportunity to extend sincere hands of fellowship to former Governor Oyetola and the APC. Let’s build the state together. Let’s unite for the good of our people. The State needs leaders across party lines to join hands for robust and accelerated development of the state.
Adeleke who extended his olive hands further requested those he referred to as his brothers and sisters to start the process of healing, forget party politics as election is over and charged members of the political class in Osun State to join hands with him to take the state to greater heights.
Oyetola Sees Grounds To Approach Supreme Court
Immediate past Governor of Osun, Mr. Adegboyega Oyetola, has appealed to members and supporters of the All Progressives Congress (APC) to remain calm and not to be discouraged over the outcome of the Friday’s appeal, saying his abiding faith in God to reclaim his mandate remains undoubted.
Reacting to the Appeal Court judgement which upturned the decision of the Tribunal that initially sacked Governor Ademola Adeleke, Oyetola in a statement by his media aide, Ismail Omipidan, noted that his belief in the judiciary also remains unshaken.
He further said: “We have heard the judgement of the Appeal Court, but we are yet to receive a copy of the judgement.
“However, from the snippets we are getting, we believe we have a potential ground to approach the Supreme Court. Our belief in the judiciary remains unshaken, just as my abiding faith in the God’s promise regarding the reclaim of my mandate remains undoubted.
“I, therefore, appeal to our supporters and party members to remain calm as we take the next step,” Oyetola added.
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