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The Osun State Election tribunal sitting in Abuja has declared Ademola Nurudeen Adeleke of the People’s Democratic Party, PDP, the duly elected governor of the state.
The PDP and Mr Adeleke had filed a petition asking the tribunal to declare that he polled the highest lawful votes thus the winner.
However, Gboyega Oyetola of the All Progressives Congress, APC and INEC had filed their notices of preliminary objection contending among others that the petition was incompetent and that the court lacked jurisdiction.
A three -member panel of the tribunal , dismissed the objections filed by Gov. Oyetola, APC and the Independent National Electoral Commission, INEC.
Ruling
The Tribunal held hat the petitioner did not prove over-voting as claimed and witnesses did not speak to voters registers dumped on the Tribunal, and that INEC failed to explain the alterations on results sheets.
- The introduction of new allegations in the Petitioner’s reply in d applied paragraphs is not admissible after the deadline to amend the Petition & are therefore struck out.
- The Witness statements cannot however be struck out as they contain other material facts.
- Tribunal dismissed all grounds raised in the preliminary objection of the 2nd respondent, Gov Gboyega Oyetola, it also dismissed all grounds in the preliminary objection filed by the 3rd respondent, APC.
Tribunal backed final result
APC 255,505 – 2227 = 253,278
PDP 255,023 – 1246 = 253,777
The Tribunal says PDP/Adeleke proved that it was the state Returning Officer who cancelled the results in 7 PUs. It says the petitioners also proved that the Returning Officer has no power to cancel election results of a polling unit, PU.
“Cancellation of seven PUs is unlawful, therefore the rerun election cannot stand.
“It is a product of illegality.” The court emphatically ruled.
Panel members
- Hon. Justice I. Mohammed Sirajo – Dissent
- Hon. Justice Adegboye Gbolagunte- Concur
- Hon. Justice Peter Obiora- Concur
