May 21, 2024

JUST IN Supreme Court Dismisses Adeleke’s Appeal against Oyetola’s Win in Osun Guber Elections

The Supreme Court of Nigeria has dismissed an appeal filed by the People’s Democratic Party Governorship Candidate in the last elections, Senator Ademola Adeleke against the Court of Appeal’s judgment validating the victory of the All Progressives Congress flag bearer, Adegoke Oyetola.

The apex court delivered the judgment Friday morning.

The Court dismissed the whole proceedings of the Osun State Governorship Elections Tribunal.

The judgment was split 5 to 2. Justice Muhammad Tanko, Justice Kudirat Kekere-ekun, Justice Amiru Sanusi, Justice Musa Abaji, and Justice Bode Rhodes-Vivour.

Justice Rhodes Vivour delivering the Majority judgment said the Appellant counsel should be consistent with his case from the lower courts to the higher court.

The Court held that the Independent National Electoral Commission, INEC has the power under the Constitution, Electoral Act and it’s manual to cancel elections and carry out supplementary ones.

Effect of absence of Justice Peter Obiorah at the tribunal was colossal, as the Court found that Obiora J was not at the proceedings but read the lead judgment.

It affirmed the decision of the Court of Appeal that the proper thing to have done in the absence of Justice Obiorah was to start the entire trial afresh.
It agreed with the Court of Appeal that a fundamental error was made by the Tribunal. Tribunal judgment is a nullity.

“I hereby affirm the Majority decision of the Court of Appeal” Justice Rhode-Vivour ruled.

Justices Kumai Bayang Akaahs and Adamu Galinje disagreed, Justice Galinje read the dissenting judgment which affirmed the decision of the tribunal

All four appeals attached to the main appeal were dismissed.

“The four appeals which were tied to the main appeal are hereby dismissed” The Court said.

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