In a recent development, the Nigerian Supreme Court has upheld Ademola Adeleke’s election as Osun state’s governor.
The Live News reports that a five-member apex court panel held that the Court of Appeal was correct in reinstating Adeleke as governor.
In March of 2023, the Court of Appeal sitting in Abuja reinstated Adeleke as the governor of Osun. A three-member panel of court justices held that the Osun election tribunal erred when it ruled that the 1st and 2nd respondents, Gboyega Oyetola and the All Progressives Congress, proved their allegation of over-voting.
In January of the same year, the Osun governorship election tribunal held that Oyetola was able to prove that there was over-voting in some of the polling units. Consequently, the majority judgment of the tribunal ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Adeleke and issue a fresh one to Oyetola as the duly elected governor of Osun.
Dissatisfied with the ruling, Adeleke appealed the judgment at the Court of Appeal.
In August 2022, Gboyega Oyetola, former Osun governor, and the APC petitioned the tribunal to challenge the victory of Adeleke. Among several issues, Oyetola contended that there was overvoting in 749 polling units across 10 LGAs.
Delivering judgment on January 27, two out of the three-member panel of the tribunal held that the petitioner could prove that there was indeed over-voting in some of the polling units.
Consequently, the majority judgment of the tribunal ordered INEC to withdraw the certificate of return issued to Adeleke and issue a fresh one to Oyetola as the duly elected governor of Osun.
However, the Supreme Court has now declared Adeleke as the state’s duly elected governor. According to the panel of judges, “For the sake of emphasis, the total lawful votes for each of the candidates after the said deduction of the invalid votes is 314,931 for the first petitioner, and 290,666 for the second respondent.
“Consequently, the second respondent did not score a majority of lawful votes cast at the election. The declaration and return is hereby declared null and void.”
The panel of judges further stated, “Rather, we hereby hold that the first petitioner scored a majority of lawful votes in the said election and is hereby returned as such.
“The first respondent is hereby directed to withdraw the certificate of return issued to the second respondent and issue it to the first petitioner as the duly elected governor of Osun state.”
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