Adeleke named unanimous governor of Osun state by Appeal Court in Abuja

Sitting in Abuja, the Court of Appeal on Friday, March 24th, vacated the tribunal judgement that nullified the election that saw Ademola Adeleke emerge victorious as governor of Osun State.

The appellate court made the decision unanimously by a three-member panel of Justices, holding that the appeal Adeleke lodged to challenge his sack 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 the All Progressive Congress, APC, and its candidate, Gboyega Oyetola

During the ruling, the justice resolved that the preponderance of proof that there was over-voting in the elections rested on the petitioner.

The court also maintained that “the party alleging non-compliance with the electoral act must prove its case without merely relying on the weakness of the other party.”

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The three-man panel revoked the tribunal’s order which directed that a Certificate of Return be withdrawn from Adeleke and issued to his predecessor and All Progressives Congress candidate, Oyetola.

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(INEC) had returned Adeleke as the winner of the poll.

INEC said Adeleke polled 403,371 votes to defeat then-incumbent Governor Adegboyega Oyetola of the APC, who got 375,027 votes.

Oyetola and the APC went on to reject the result of the poll and headed for the tribunal to contest the results.

In its January 27th, 2023 majority verdict, the Justice Tertse Kume-led tribunal annulled Adeleke’s victory and declared Oyetola the winner of the poll.

However, a minority judgement by Justice B. Ogbuli affirmed Adeleke as the winner of the poll.

Displeased, Adeleke and the PDP headed for the Court of Appeal.

The Court of Appeal heard the appeal on March 13th and reserved its judgement.

But the court of Appeal on Friday set aside the tribunal judgement, affirming Adeleke as the authentic winner and unanimous governor of Osun State.