Gov. Adeleke of Osun wins election case at appeal court

The Court of Appeal in Abuja has upturned the ruling of an election tribunal which nullified the election of Gov. Ademola Adeleke of Osun state.

The higher court affirmed Mr Adeleke as the governor of the south-west state on Friday, a major win for the Peoples Democratic Party.

Mr Adeleke won the office in July 2022 on his second attempt, ousting incumbent Gov. Gboyega Oyetola of the All Progressives Congress.

In January, the Osun governorship election petition tribunal reversed the outcome, prompting an appeal. The tribunal agreed with Mr Oyetola that there was over-voting at some polling units.

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In Friday’s decision, a three-member panel of judges led by Mohammed Shuaibu, said the Tribunal was wrong in agreeing that Mr Oyetola and the APC had proven their claim that there was over-voting.

The panel unanimously overturned the previous ruling.

“It is inconceivable to assume that the testimonies of the respondents’ witnesses had any probative value,” the court said.

The court said Mr Oyetola and the APC did not tender the voters’ registers and Bimodal Voters Accreditation System (BVAS machines) to defend their case.

The judgement can be further appealed at the Supreme Court although Mr Oyetola has not said it he would challenge the decision.

After the ruling was announced, Mr Adeleke said in a statement he dedicated his victory to “God and Osun people”.

“This judgement confirmed my earlier position that the judgement of the Tribunal is a miscarriage of Justice. The judiciary has right the wrongs of the lower Court,” he said.

“I am particularly glad that the Court of Appeal has ruled that BVAS machine and voters register are the primary sources, not the report from the server. This has strengthened our democracy and remove a time bomb which the judgement of the Tribunal had planted for our democracy.”