The Court of Appeal sitting in Abuja has vacated the election petition tribunal judgement that nullified the election of Governor Ademola Adeleke of the People’s Democratic Party (PDP) in Osun State.
At its sitting on Thursday, the appellate court nullified the judgement of the election tribunal declaring Gboyega Oyetola of the All Progressives Congress (APC) winner of the election.
Oyetola was declared the winner by the election tribunal after he went to court to challenge the victory of Adeleke, as announced by the Independent National Electoral Commission (INEC).
Delivering judgment on January 27, two out of the three-member panel held that the former governor was able to prove that there was over-voting in some of the polling units.
Adeleke had rejected the judgment, describing it as “a miscarriage of justice” and “an unfair interpretation against the will of majority of voters”.
In the 31 grounds of appeal, Adeleke begged the court for “an order setting aside the whole decision of the tribunal”.
He also sought “an order striking out the petition for want of competence and jurisdiction or in the alternative, an order dismissing the petition on the merit”.
Adeleke submitted that the tribunal exhibited bias when it said: “The second respondent cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun state.”
The appellate court, in a unanimous decision by a three-member panel of Justices on Friday, held that the appeal the governor lodged to challenge his sacking by the Osun State Governorship Election Petition Tribunal, was meritorious.
Aside from setting aside the judgement of the tribunal, the court, in its lead judgement that was delivered by Justice Mohammed Lawal, awarded N500,000 cost against APC and its candidate, Oyetola.
