The Independent National Electoral Commission (INEC) has asked the Court of Appeal to reverse the judgement of the Osun Governorship Election Petition Tribunal which nullified the declaration of Ademola Adeleke as the winner of the 16 July governorship election.
The tribunal, in the majority judgement read by its chairperson, Tertsea Kume, ordered INEC to withdraw the certificate of return from Mr Adeleke and issue it to former governor Gboyega Oyetola.
It said evidence before it showed that the election was not held in compliance with the 2022 Electoral Act.
But in a notice of appeal signed by its counsel, Paul Ananaba, the electoral body argued that the judgement contained an “error in law.”
The certified true copy of the notice of appeal, a copy of which was obtained by our reporter, was dated 8 February.
In it, INEC is asking the appellate court to set the whole decision of the tribunal aside and order the dismissal of the petition for “want of competence and jurisdiction.”
The appellant also wants the court to dismiss the petition because it “lacks merit with substantial cost.”
“The judgement of the lower Tribunal is against the weight of evidence,” the appellant stated in the notice
The reliefs sought by INEC from the court are:
“Allow the Appeal;
“AN ORDER setting aside the whole decision of the trial Tribunal;
“An Order dismissing and/or striking out the Petition for want of competence and jurisdiction; and
“An Order dismissing the Petition of the 1 and 2nd Respondents in d. this Appeal as lacking in merit with substantial cost.”
INEC raised 44 grounds of appeal in the notice.
