The Appeal Court has reserved judgement to decide the case by Senator Ademola Adeleke challenging the decision of an election petition tribunal which nullified his victory in the Osun gubernatorial election.
A three-member panel led by Justice Mohammed Shuaibu fixed the date to decide on the matter after taking the argument and adopting the briefs of all parties in the suit.
During proceedingsMonday today, Counsel to Adeleke, Onyechi Ikpeazu, held that a member of the panel, who is also a chief magistrate, did not air her opinion during the Judgement delivery. Rather, she only appended her signature and the constitution mandates her to have aired her views about the suit.
Counsel to Oyetola, Lateef Fagbemi however held that mere signing of the judgment, and not making any comment afterwards does not make the judgment invalid.
He noted that the case of over voting exceeded 6 polling units as claimed by the Appellant, adding that the anomaly was experienced in 744 polling units across the state.
Fagbemi further stressed that the findings of over voting were obtained from the back end server of INEC.
In their defense however, Onyechi Ikpeazu held that results stored in the backend server, are inconsistent and unreliable as they can be affected by internet connectivity and battery life of the BVAS used to upload the result.
These two factors according to him can affect the upload.
Adeleke’s counsel also stated that he conducted a physical examination on the BVAS, and it showed that over voting occurred in just six polling units, and not 744 as claimed by the Counsel to Oyetola
Senator Adeleke who is candidate of the People’s Democratic Party had won the said election held on 16 July, 2022, the result which was nullified on the grounds of over-voting.
Adeleke had in February appealed the judgement of the Osun State Election Tribunal which nullified his election.
The tribunal ruled in favour of a former governor of the state Gboyega Oyetola. While delivering the judgement, two out of the three-member panel of the tribunal held that Oyetola proved that there was over-voting in some of the polling units.
