The Abuja Division of the Court of Appeal is currently hearing the appeal filed by the Osun State Governor, Mr. Adegboyega Oyetola and the All Progressives Congress, challenging the judgment of the stateās Governorship Election Petitions Tribunal which nullified their election.
The tribunal had on March 22, 2019, in a split decision declared Oyetolaās 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.
It nullified the certificate of return issued to Oyetola and ordered the Independent National Electoral Commission to issue a fresh one to Adeleke.
The tribunalās Chairman, Justice Ibrahim Sirajo, in his minority judgment, dissented from the majority judgment adopted by Justices Peter Obiorah and Adegboye Gbolagunte.
Oyetola had in his 39-ground notice of appeal filed on March 26, 2019, urged the Court of Appeal to nullify the majority judgment, which he argued was perverse, replete with contradictions and not supported by evidence led by the petitioners.
At the commencement of the hearing, INEC’s counsel, Yusuf Ali, SAN is finding it very difficult to justify INEC’s failure to call a single witness to support the result which announced Adegboyega of the APC winner. The Justices just asked why didn’t INEC offer explanations to the Tribunal and INEC’s counsel couldn’t offer any explanation.
After just one seating, the appellate court has reserved judgment in the appeals filed by the Governor.