The Supreme Court will, tomorrow by 2pm deliver judgement in the appeal brought before it by the immediate past governor of Osun State, Adegboyega Oyetola and his party, the All Progressives Congress (APC) challenging the judgement of the Court of Appeal in Abuja, which affirmed Ademola Adeleke of the Peoples Democratic Party (PDP) as the validly elected governor of Osun State.
The apex court on Monday, slated the date and time to lay to rest the legal tissue over the governorship seat of Osun State after parties in the appeal adopted their written address and oral submissions in the matter.
Oyetola and his party, in their appeal numbered, SC/CV/510/2023, are praying the apex court to set aside the decision of the Abuja Division of the Court of Appeal, which voided the judgment of the Osun State Election Petition Tribunal, which returned Oyetola as winner of the November July 16, 2022 governorship election.
INEC had last year declared Adeleke as winner of the election having scored majority of the votes cast in the election, however the tribunal in its split judgment of two-to-one delivered in January, held that Oyetola and not Adeleke won majority of the lawful votes in the election.
Oyetola and APC in their appeal filed on their behalf by their lead counsel, Prince Lateef Fagbemi (SAN), want the apex court to determine whether the appellate court was right “in declaring as nullity the judgment of the tribunal delivered on January 27 notwithstanding the earlier resolution of the same court that Section 294(1) of the Constitution is inapplicable to a tribunal”.
They also want the court to decide whether the lower court was right in concluding that they did not prove the allegation of over voting in favour of Adeleke.
While praying the court to allow the appeal, Oyetola and his party argued that the appellate court wrongly declared as null and void the proceedings and judgement of the Osun state Governorship Election Petition Tribunal.
“That the court below wrongly held that the Appellants did not prove non compliance and failed to give appropriate consideration to the Appellants’ case on majority of lawful votes cast”
It would be recalled that a three-member panel of the appellate court set aside the judgement of the Osun State Governorship Election Petition Tribunal which nullified Adeleke’s election.
The court, which found Adeleke’s appeal meritorious and allowed it held that, the lower tribunal was “wrong to reach the conclusion that there was over-voting during the state governorship election held on 16 July 2022″.
Justice Mohamed Lawal Shuaibu, who prepared and delivered the unanimous judgement held that, “the lower tribunal was wrong to have come to the conclusion of over voting based on the document presented by the first and second respondents (Oyetola and APC) and also on Exhibit BVR, which requires demonstration in public court”.
He said, “the burden of proving the allegations of over-voting lies squarely with the respondents (Oyetola and the APC). It is inconceivable to assume that the testimonies of the respondents’ witnesses had any probative value”.
The Court of Appeal noted that Oyetola and the APC “did not tender the voters’ registers and Bimodal Voters Accreditation System (BVAS machines,” which captured data of eligible voters at the Osun governorship election and held that the foundation of what transpired at the polling units would only be established by the evidence that is contained in the voter register and BVAS machines, which are the foundation of any election.
Aside from setting aside the judgement of the lower tribunal, the appellate court awarded N500, 000 cost against the APC and its candidate, Gboyega Oyetola.
Similarly, the court dismissed the cross-appeal filed against the judgment of the Osun State Election Petition Tribunal by former Osun Governor and his party.
The cross-appeal which centred on the educational qualification of governor Adeleke was thrown out for lacking in merit.
The Appeal Court held that the Court of Appeal judgment delivered in 2019 to the effect that Adeleke did not forge the certificate presented for the 2018 governorship election has settled the matter and cannot be resuscitated in the way and manners Oyetola did.
Justice Shuaibu held that the Court of Appeal judgment remained valid and binding and held that, it was wrong and erroneous of the tribunal to have made findings on the issue of the alleged certificate forgery that had been resolved by the Court of Appeal.
Adeleke and his party, had prayed the appellate court to set-aside the verdict of the Osun State Governorship Election Petition Tribunal, which sacked him from office.
It will be recalled that the Justice Tertsea Kume led three-member panel tribunal, had on January 27, in a split decision of two-to-one, voided the declaration of Adeleke as winner of the governorship election that was held on July 16, 2022.
In the majority judgement, the tribunal upheld a petition filed by the former governor of the state, Adegboyega Oyetola of the APC who came second in the election.
It held that Adeleke did not score the majority of lawful votes, adding that the conduct of the election was not in substantial compliance with provisions of the Electoral Act, 2022.
According to the tribunal, the petitioners, Oyetola and APC, successfully established that there was over voting in 744 polling units in the state.
After deducting the said invalid votes, the tribunal declared Oyetola as winner of the governorship contest and directed the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return it earlier issued to Adeleke.
However, in his dissenting judgement, the third member of the panel, Justice P. Agbuli, affirmed Adeleke as the valid winner of the election and struck out the petition that was lodged by Oyetola and the APC.
Dissatisfied with the majority decision that sacked him from office, governor Adeleke took the case before the Court of Appeal.
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