Court of appeal reinstates Ademola Adeleke as the duly-elected Osun State governor

NIGERIA'S Court of Appeal has set aside the tribunal judgment that nullified the election of Ademola Adeleke as the executive governor of Osun State reaffirming his victory in last year's polls and ordering the All Progressives Congress (APC) to pay N500,000 in costs.

On July 16 last year, Governor Adeleke was declared the winner of the Osun State gubernatorial elections, with the Independent National Electoral Commission (Inec) giving him got a total of 403,371 votes beating the then incumbent Gboyega Oyetola who got 375,027 votes. However, Governor Oyetola of the APC took the matter to the election petitions tribunal and won a favourable decision on January 27 this year.

In its ruling, the Osun State Governorship Election Petition Tribunal sitting in Osogbo overturned Governor Adeleke's victory on the grounds of over-voting. Led by Justice Tertsea Kume, the tribunal noted that although the APC’s claim of over-voting was not complete, it agreed that there was evidence of some over-voting in the election.

Inec, however issued a Notice of Appeal dated January 30 2023, filed before the Court of Appeal, Akure Division. Earlier today,  sitting in Abuja, the Court of Appeal, set aside the earlier tribunal judgment in a unanimous decision by a three-member panel of justices, led by Justice Mohammed Lawal.

It held that the appeal lodged by Governor Adeleke to challenge his sacking by the Osun State Governorship Election Petition Tribunal was meritorious. In addition, the court also held that the sum of N500,000 is awarded as costs against the APC and its candidate, Gboyega Oyetola.

In their ruling, the justices resolved that the preponderance of proof that there was over-voting in the elections rested on the petitioner. In addition, the court also maintained that the party alleging non-compliance with the electoral act must prove its case without merely relying on the weakness of the other party.

Delivering judgment, Justice Mohammed Shaibu overruled the judgment of the governorship election tribunal that nullified the outcome of the July governorship polls. Also, the three-man panel revoked the tribunal’s order which directed that a certificate of return be withdrawn from Governor Adeleke and issued to his predecessor Governor Oyetola.