The Court of Appeal sitting in Abuja has set aside the tribunal judgment that cancelled the election of Ademola Adeleke as the Executive Governor of Osun State.
In a unanimous decision by a three-member panel of justices, led by Justice Mohammed Lawal, the appellate court held that the appeal lodged by Adeleke to challenge his sack by the Osun State Governorship Election Petition Tribunal was meritorious.
Also, the court held that the sum of N500,000 is awarded as a cost against the All Progressive Congress, APC, and its candidate, Gboyega Oyetola.
The justice resolved during the ruling 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.”
While delivering judgment, Justice Mohammed Shaibu overruled the judgment of the governorship election tribunal that cancelled the outcome of the governorship election.
The three-man panel reversed the tribunal’s order that directed that a Certificate of Return be taken back from Adeleke and given to his predecessor and All Progressives Congress candidate.
Recall that the Osun tribunal annulled Adeleke’s victory and affirmed Gboyega Oyetola of All Progressives Congress as the winner of the poll after Adeleke had been returned by the Independent National Electoral Commission as the winner of the poll.
INEC said Adeleke garnered 403,371 votes to defeat then-incumbent Governor Adegboyega Oyetola of the APC, who polled 375,027 votes
Oyetola and the APC however rejected the result of the poll and went to tribunal.
The tribunal in its January 27, 2023 majority verdict annulled Adeleke’s victory and declared Oyetola the winner of the poll.
A minority judgment by Justice B. Ogbuli however affirmed Adeleke as the winner of the poll.
Adeleke and the PDP were displeased with the annulment and appealed the annulment.
The appeal was heard by the Court of Appeal on March 13 and reserved its judgment.
The court of Appeal however set aside the tribunal judgement and affirmed Adeleke as the winner and governor of Osun State.
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