BY SEGUN ADEBAYO –The Independent National Electoral Commission (INEC) has approached the Court of Appeal to reverse the judgement delivered by the Osun State governorship election petition tribunal sacking Governor Ademola Adeleke as duly elected governor of the state.
In its notice of appeal dated January 30, 2023, and signed by counsel, Paul Ananaba, the electoral umpire hinged the appeal on 44 grounds, with former Governor Adegboyega Oyetola, the All Progressives Congress (APC), Governor Ademola Adeleke and the Peoples Democratic Party (PDP) as respondents.
From the Certified True Copy (CTC) of the appeal, obtained in Osogbo, the Osun State capital on Wednesday, INEC stated that the tribunal erred in law having failed to rule on the preliminary objection filed by the first respondent/appellant, challenging the competency of the petition and jurisdiction of the tribunal to hear the petition only to proceed to rule on the merit of the petition.
The notice of appeal also maintained that the verdict cannot be said to be a majority judgement, since the second judge, (Rabi Bashir) failed to pronounce her opinion neither was her name written on the said judgement.
The appellant sought relief from the court to allow the appeal and an order setting aside the whole decision of the trial tribunal.
Additionally, the electoral Commission sought an order of the court dismissing and/or striking out the petition for want of competence and jurisdiction and an order dismissing the petition of the 1st and 2nd respondents in the appeal as lacking in merit with substantial cost.
Recalled that in a split judgement of 2 to 1, the Justice Tertse Kume-led tribunal said the July 16, 2022 election conduct was substantially in non-compliance with the electoral act 2022 (amended).
Consequently, the tribunal ruled that INEC should revoke the certificate of return issued to Governor Adeleke and issue the same to Adegboyega Oyetola after declaring him as the winner following the deduction of illegal votes from 774 polling units where the petitioners alleged overvoting.
In its judgment, the tribunal said that former Governor Oyetola of the APC had legal votes amounting to 314,931 against PDP’s Governor Adeleke’s 290,666 instead of 375,027 and 403,371 respectively declared by INEC.
