The Court of Appeal sitting in Abuja, on Friday, set aside the tribunal judgment that nullified the election of Ademola Adeleke as governor of Osun State.

The appellate court, in a unanimous decision by a three-member panel of justices, led by Justice Mohammed Lawal, held that the appeal lodged by Adeleke to challenge his sack by the Osun State Governorship Election Petition Tribunal was meritorious.

The court also held that the sum of N500,000 is awarded as a cost against the All Progressive Congress, APC, and its candidate, Gboyega Oyetola.

During the ruling, the justice resolved 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.”

Delivering judgment, Justice Mohammed Shaibu overruled the judgment of the governorship election tribunal that nullified the outcome of the July governorship polls.

The three-man panel revoked the tribunal’s order which directed that a Certificate of Return be withdrawn from Adeleke and issued to his predecessor and All Progressives Congress candidate, Oyetola.


The Osun tribunal had annulled Adeleke’s victory and affirmed Gboyega Oyetola of All Progressives Congress as the authentic winner of the poll after the Independent National Electoral Commission had returned Adeleke as the winner of the poll.

INEC said Adeleke polled 403,371 votes to defeat then-incumbent Governor Adegboyega Oyetola of the APC, who got 375,027 votes

But Oyetola and the APC rejected the result of the poll and headed for the tribunal.

In its January 27, 2023 majority verdict, the Justice Tertse Kume-led tribunal annulled Adeleke’s victory and declared Oyetola the winner of the poll.

However, a minority judgment by Justice B. Ogbuli affirmed Adeleke as the winner of the poll.

Displeased, Adeleke and the PDP headed for the Court of Appeal.

The Court of Appeal heard the appeal on March 13 and reserved its judgment.

But the court of Appeal on Friday set aside the tribunal judgement, affirming Adeleke as the authentic winner and governor of Osun State.

https://punchng.com/updated-adeleke-wins-at-appeal-court-oyetola-slapped-with-n500000-fine/?amp

Great ruling from the Appeal court of justice

NEWS RELEASE
24/03/2023

Appeal Court Ruling: I Dedicate Judgement to God and Osun People- Governor Adeleke

" I thank God Almighty and our good people of Osun state. I dedicate this victory to God and my people. This judgement confirmed my earlier position that the judgement of the Tribunal is a miscarriage of Justice. The judiciary has right the wrongs of the lower Court. This has rekindled the confidence of the nation in the integrity of the judiciary as the stabiliser of the judiciary and last hope of the common man.

"I am particularly glad that the Court of Appeal has ruled that BVAS machine and voters register are the primary sources, not the report from the server. This has strengthened our democracy and remove a time bomb which the judgement of the Tribunal had planted for our democracy.

" I appreciate Osun people for standing by me and my party through repeated validation of my governorship mandate at the recent federal and state elections. My party won three straight elections from July 16th 2022 to the March 18th ,2023. It was a resounding vote of confidence in my governorship by the people of Osun state. The judiciary has now confirmed the will of the people that I am the validly elected Governor of my state.

" My appreciation goes to the civil servants, artisans, market people, clerics,students, women and youth. Osun people defended the mandate from 2022 to date.

"I commend the judiciary for resisting all pressure. Rule of law is strengthened when judgement affirms the will of the people. On behalf of Osun people and my party, the PDP,, we appreciate the judiciary and the men of conscience on the bar and the bench.

"Let me use this opportunity to extend sincere hands of fellowship to former Governor Oyetola and the APC. Let build the state together. Let unite for the good of our people. The State needs leaders across party lines to join hands for robust and accelerated development of the state.

As brothers and sisters, we are all requested to start the process of healing. Forget party politics as election is over. All members of the political class in Osun state should join hands with me to take our state to greater height.

Signed:
HE, Senator Ademola Adeleke,
Executive Governor of Osun State