The Court of Appeal sitting in Abuja, on Friday, set aside the judgement of the Osun State Governorship Election Petition Tribunal delivered on January 27, 2023, which had sacked Governor Ademola Adeleke from office.
The appeallate court gave the judgement in a 31-grounds of appeal filed by Adeleke.
Senator Adeleke of the Peoples Democratic Party had won the said election held on 16 July, 2022, but the result was nullified by the tribunal on the grounds of over-voting.
Following the governorship polls in the state, an Election Petition Tribunal had sacked Adeleke from office, saying that the Peoples Democratic Party (PDP) candidate did not score majority of lawful votes during the July 16 governorship polls.
However, in a unanimous agreement by a three-man panel led by Justice Mohammed Shuaibu, the Court of Appeal quashed the tribunal’s judgement and gave its verdict to uphold Adeleke as rightful governor of Osun State.
The Appeal Court Panel revoked the tribunal’s order which directed that a Certificate of Return be withdrawn from Adeleke and issued to his predecessor and All Progressives Congress (APC) candidate, Gboyega Oyetola.
The panel held that the Osun State Tribunal was wrong to have said that there was over voting, a claim that only relied on the evidence by Oyetola and the APC, and as such, doesn’t prove their case in any way.
The judge faulted Oyetola and APC, that they only relied on the data from the back end server and failed to look at the voters register which forms the foundation of the whole electoral process and as such, cannot strengthen their allegations of over voting.
On the issue of jurisdiction, the court resolved in favour of Adeleke stating that section 285(8) of the constitution.as amended, the court has every right to entertain the appeal.
More to follow…
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DJ CHASCOLEE 
