March 13, (THEWILL) – The Court of Appeal has reserved judgement in an appeal filed by Governor Ademola Adeleke, against a judgement of the tribunal, which invalidated his election as governor of Osun.
A three-member panel, led by Justice Mohammed Shuaibu, reached the decision, after taking the argument and adopting the briefs of all parties in the suit.
The Osun State Governorship Election Petition Tribunal, on January 27, voided the July 16, 2022 election that produced Adeleke of PDP as the elected governor.
During proceedings on Monday, Counsel to Adeleke, Onyechi Ikpeazu, submitted that the case of over-voting was only recorded in 6 polling units, contrary to the 744 claimed by the tribunal.
Ikpeazu argued that a member of the panel, who is also a chief magistrate, did not air her opinion during the tribunal Judgement. He added that the constitution mandates her to have aired her views about the suit rather than just appending her signature.
On his part, Counsel to Oyetola, Lateef Fagbemi, held that mere signing of the judgement, and not making any comment afterwards does not make the judgment invalid.
He noted that the case of over-voting exceeded 6 polling units as claimed by the Appellant, adding that the anomaly was experienced in the 744 polling units across the state.
Senator Adeleke, who is the candidate of the People’s Democratic Party had won the said election held on 16 July, 2022, the result which was nullified on the grounds of over-voting.
Adeleke had in February, appealed the judgement of the Osun State Governorship Tribunal, which nullified his election.
While delivering the judgement, two out of the three-member panel of the tribunal held that former governor, Gboyega Oyetola proved that there was over-voting in some of the polling units.
However, In the 31 grounds of appeal filed against the tribunal judgement at the Akure Division of the Court of Appeal, Adeleke prayed for “an order setting aside the whole decision of the tribunal.”
He also sought “an order striking out the petition for want of competence and jurisdiction or in the alternative, an order dismissing the petition on the merit.”
Adeleke argued that “the second respondent cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun state.
“The tribunal, in its judgement, erred in law and displayed bias against the appellant when it made reference to the appellant’s dance at his inauguration as governor of Osun state which was never an issue before the lower tribunal,” Adeleke noted.
“By referring to the appellant’s personal eccentricity for dancing, the lower tribunal derided and mocked him in a manner suggesting that it was biased against him.
“The appearance of bias manifests in the reference to the Appellant’s proclivity for dancing and particularly the Buga song, has rendered the decision of the lower Tribunal a nullity.
“The tribunal in its judgement erred in law in returning the 1st respondent as the duly elected candidate without due regard to the enormity of the voters in the units where the results were cancelled for overvoting.”
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