Adeleke Wins As Appeal Overturns Tribunal Judgement
By Bukola Elufadejin
The Court of Appeal sitting in Abuja today delivered judgment on the Osun Governorship election matter made on January 27, 2023 by Osun Election Petition Tribunal.
The Court of Appeal upheld the victory of the candidate of the People’s Democratic Party, Governor Ademola Jackson Nurudeen Adeleke in the July 16, 2022 governorship election in Osun State.
Delivering judgment on the Notice of Appeal filed by Adeleke against Oyetola’s victory at tribunal, the three-man Appeal panel led by Justice M.L. Shuaibu nullified the majority judgment of the Osun State Governorship Election Petition Tribunal.
It can be recalled that Senator Ademola Jackson Nurudeen Adeleke and the Independent National Electoral Commission (INEC) had approached the Appellate Court to overturn the January 27 judgment of the Election Petition Tribunal that sacked Adeleke.
Former Governor Gboyega Oyetola in a cross-appeal, also argued that the Tribunal erred in its conclusion that Gov. Adeleke was qualified to contest in the election. He is asking the Appeal court to declare Adeleke unfit to contest on the grounds of document forgery.
The Appeal court in his ruling held that the lower tribunal judgment is valid Viz a Viz section 294 of the constitution. This means there was no error committed with the fact that the second judge in the Majority judgment did not read out her judgment separately.
It hinged that issue two on non-consideration of the preliminary objections of Adeleke at the lower tribunal resolved in favour of the Appellant (Adeleke).
That is, the Appeal Court held that the preliminary objections of Adeleke’s legal team were not properly considered.
The Appeal Court also resolved that the Tribunal was not right to have rejected the judgment of the Court of Appeal that cleared Adeleke of forgery.
That is, the Tribunal was wrong to have held forgery against Adeleke.
The Appeal Court further held that the documents procured by Oyetola from INEC are valid.
The Appeal Court averred that Oyetola did not prove over-voting in his petition as he did not present substantial evidence to back his claims.
The Court of Appeal also held that the Biomodal Voters Accreditation System, BVAS machines themselves are the primary sources of Accreditation data, not server report. That issue is resolved in favor of Adeleke.
Similarly Issue 6 on probative value attached to Oyetola’s BVAS reports resolved against him and in favour of Adeleke.
The Appeal Court therefore set aside the Tribunal judgment of 27th January and affirmed the judgment of Gov. Ademola Adeleke as winner of Osun 2022 Gubernatorial election.
The court ruled that the appeal by Adeleke succeeded, set aside tribunal judgement and awarded the cost of N500, 000 in favour of the appellant, Adeleke.
