Oyetola who was candidate of the ruling All progressives Congress, APC, is praying the appellate court to nullify the declaration by the Osun State Governorship Election Petition Tribunal, that Senator Ademola Adeleke of the Peoples Democratic Party, PDP, was the valid winner of the gubernatorial election that held in the state in September 2018.
Similarly, INEC, in its appeal marked CA/A/EPT/259/19, sought the nullification of the tribunal’s judgment, while Adekele and the PDP, in a cross appeal with No. CA/A/EPT/295/19, challenged the minority verdict of the tribunal that upheld Oyetola’s victory. Arguing through his lawyer, Chief Wole Olanipekun, SAN, Oyetola, insisted that it was wrong for a member of the tribunal panel, Justice Peter Obiora, who did not attend the entire proceedings of the tribunal, to deliver the lead judgment that removed him from office.
He argued that such conflict could only be resolved with an affidavit evidence which he said the Appellants did not file. However, in the lead verdict that was delivered by Justice Obiora, the tribunal, noted that none of the parties disputed the fact that it was the State Returning Officer that cancelled the initial election
It held that upon receipt of the complaints, the Collation Officer was mandated by the law to fill Form EC40G and submit to the Local Government Collation Officer who will in turn transfer the information in the Form EC40GI and hand same over to the State Collation Returning Officer. After it had deducted the illegal votes from both sides, the panel held that Adeleke got a total of 253,777 valid votes, ahead of Oyetola who it said got 253,476 valid votes in the September 22, poll.
He held that under section 140 of the Electoral Act, the tribunal was only empowered to order a re-run or fresh election where it was established that there was substantial non compliance to the Electoral Act. The appellant argued that having not attended the sitting, Justice Obiora, could not have seen the two witnesses to be able to examine their demeanour as required.
He said the tribunal also acted without jurisdiction by basing its decision to uphold the petition and set aside the return of the appellant on the basis of allegation of non-compliance with the Electoral Act, in relation to the September 22 exercise. He argued that, having earlier found that accreditation was not done on Form EC8A and that same could not be proved without voters’ register, the tribunal was therefore bereft of the jurisdiction to overrule itself.
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