The Abuja Division of the Court of Appeal has fixed Wednesday for the hearing of the appeal filed by the Osun State Governor, Mr. Adegboyega Oyetola and the All Progressives Congress (APC), challenging the judgment of the state’s Governorship Election Petitions Tribunal which nullified their election.
The tribunal had on March 22, 2019, in a split decision declared Oyetola’s main rival in the September 2018 election in the state, Senator Ademola Adeleke of the Peoples Democratic Party as the one validly elected as the governor.
Faulting the majority judgment’s nullification of the September 27, 2018 supplementary election, the appellant stated, “Having rightly held that it lacked the jurisdiction to strike out and nullify the approved Guidelines and Regulations for the Conduct of the Osun State Governorship Election 2018, made by INEC, the tribunal misdirected itself in law and came to a perverse decision by going ahead to nullify the rerun election.”
The appellant noted that, nowhere in the entire petition, did Adeleke and the PDP complained about non-compliance with the provisions of the Electoral Act in relation to the September 22, 2018 election.
He faulted the decision of the tribunal to declare Adeleke and the PDP winner when the petitioners had admitted to have benefited from INEC’s alleged non-compliance with Electoral Act by INEC’s alleged failure to fill in some portions of the Forms EC8A (polling unit result sheets).
He maintained that if the tribunal had rightly upheld the allegations of non-compliance it only ought to order a rerun.