The All Progressives Congress (APC) candidate in the July 16 2022 Governorship election, Adegboyega Oyetola, has approached the Appeal Court to further seek the disqualification of Governor Ademola Adeleke of Osun.
The state Governorship Election Petition Tribunal had in its majority judgement of January, 27 declared Oyetola the winner of the election after it held that there was indeed over-voting and deducted the invalid votes from the valid votes.
Dissatisfied with the decision of the Tribunal, INEC, Senator Ademola Adeleke and the PDP have all appealed the judgement.
In their own cross-Appeal, the All Progressives Congress and Oyetola through their Counsel, Prince Lateef Fagbemi, SAN and Akin Olujimi, SAN, noted that the Tribunal misdirected itself when it held that the certificate from Atlanta Metropolitan College and a diploma certificate from Penn Foster High School are genuine.
Oyetola’s counsel contended, “Having found that forgery was proved by the petitioners against the 2nd cross/respondent in regard to his Exhibits EC9 and FILE D, the tribunal ought to have held pursuant to Section 182(1)(1) that the 2nd respondent was disqualified from contesting the Osun State Governorship election of July 16, 2022.
“Once forgery of a document is established against a candidate in an election, it voids his candidature and the forgery cannot be redeemed or cancelled by any other document the candidate may have presented alongside the forged document.
“The holding of the Tribunal that the 2nd Cross-Respondent (Ademola Adeleke) was nonetheless qualified to contest the election is inconsistent and in conflict with the clear provision of Section 182(1)(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The holding of the Tribunal runs contrary to Section 182(1)(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The decision of the Tribunal on the qualification of the 2nd Respondent was made per incuriam Section 182(1)(1) of the Constitution and hence is erroneous and perverse.”
To this end, they want the Appeal Court to set aside the decision of the Tribunal which specifically said Senator Ademola Adeleke was qualified to run for the July 16 Governorship election even after establishing a forgery case against him.
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