Finally a date has been fixed for the Appeal Court to hear the case of Osun State Governor, Gboyega Oyetola against Ademola Adeleke after the Osun state election tribunal granted the later victory.

According to reports, the Abuja Division of the Court of Appeal has fixed Wednesday for the hearing of the appeal which was filed by the Osun State Governor, Mr. Adegboyega Oyetola and the All Progressives Congress, challenging the judgment of the state’s Governorship Election Petitions Tribunal which nullified their election and proclaimed Senator Ademola Adeleke of the People Democratic Party (PDP) as the winner of the polls.

The tribunal had on March 22, 2019, in a split decision declared Oyetola’s main rival in the September 2018 election in the state, Senator Ademola Adeleke of the Peoples Democratic Party as the one validly elected as the governor.

It nullified the certificate of return issued to Oyetola and ordered the Independent National Electoral Commission to issue a fresh one to Adeleke.

The tribunal’s Chairman, Justice Ibrahim Sirajo, in his minority judgment, dissented from the majority judgment adopted by Justices Peter Obiorah and Adegboye Gbolagunte.

Recall that in a split judgement, the Osun State Governorship Election Petition Tribunal sitting in Apo, on Friday, nullified the election of the Governor of Osun State, Gboyega Oyetola and ordered the Independent National Electoral Commission (INEC) to immediately withdraw the Certificate of Return earlier issued to him as winner of the September 2018 Election.

However, the chairman of the Tribunal, Justice Ibrahim Sirajo upheld the whole election.

In the majority Judgment delivered by Justice Peter Obiara, the tribunal set aside the rerun election conducted on September 27, 2018 for being unlawful.

Justice Obiora held that the poll conducted in the seven units is unknown by law because INEC has no power to conduct it.

The tribunal declared candidate of the Peoples Democratic Partys (PDP), Ademola Adeleke in the governorship election as the duly elected governor and ordered INEC to immediately issue him with Certificate of Return.

The tribunal agreed that PDP and Adeleke established beyond reasonable doubt that INEC did not comply substantially with the Electoral Act in 17 polling units.

Consequently, over 2,000 votes credited to the All Progressives Congress (APC) and Governor Oyetola by INEC were deducted from the tribunal, while over 1,000 votes said to have been scored by the PDP and its candidate were also removed from their total votes.

The majority judgment held that the returning officer who cancelled the result in the affected units after the announcement had no power to have done so.

(Nairaland/Pulse Nigeria)

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