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Court of Appeal Nullifies Tribunal Judgment, Upholds Adeleke’s Election as Osun State Governor



Appellate court declares Adeleke’s appeal meritorious

On Friday, the Court of Appeal sitting in Abuja set aside the tribunal judgment that nullified the election of Ademola Adeleke as governor of Osun State. The decision was reached by a unanimous decision of a three-member panel of justices, led by Justice Mohammed Lawal, who held that Adeleke’s appeal to challenge his sack by the Osun State Governorship Election Petition Tribunal was meritorious.

Court orders APC to pay N500,000

The court also ordered the All Progressive Congress (APC) and its candidate, Gboyega Oyetola, to pay the sum of N500,000 as a cost. The Justice resolved that the petitioner had proved the preponderance of proof that there was over-voting in the elections, and that the party alleging non-compliance with the electoral act must prove its case without merely relying on the weakness of the other party.

Appeal court overrules tribunal’s order

Delivering judgment, Justice Mohammed Shaibu overruled the judgment of the governorship election tribunal that nullified the outcome of the July governorship polls. The three-man panel revoked the tribunal’s order, which directed that a Certificate of Return be withdrawn from Adeleke and issued to his predecessor and All Progressives Congress candidate, Oyetola.

Tribunal had earlier annulled Adeleke’s victory

The Osun tribunal had annulled Adeleke’s victory and affirmed Gboyega Oyetola of All Progressives Congress as the authentic winner of the poll after the Independent National Electoral Commission had returned Adeleke as the winner of the poll. However, Oyetola and the APC rejected the result of the poll and headed for the tribunal. In its January 27, 2023 majority verdict, the Justice Tertse Kume-led tribunal annulled Adeleke’s victory and declared Oyetola the winner of the poll.

A minority judgment affirmed Adeleke’s victory

However, a minority judgment by Justice B. Ogbuli affirmed Adeleke as the winner of the poll. Displeased with the judgment of the tribunal, Adeleke and the Peoples Democratic Party (PDP) headed for the Court of Appeal. The Court of Appeal heard the appeal on March 13 and reserved its judgment.



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