Oyetola made the request in a cross-appeal marked: CA/AK/EPT/GOV/03/2023 filed before a three-member panel headed by Justice Mohammed Shuaibu. The Independent National Electoral Commission (INEC), Adeleke, and the Peoples Democratic Party (PDP) are the 1st to 3rd cross-respondents, respectively, in the matter.
It would be recalled that Adeleke had, in an appeal marked: CA/AK/EPT/GOV/01/2023, asked the court to set aside the judgment of the Osun tribunal delivered on January 27, which upturned his victory at the poll.
Adeleke dragged Oyetola, the APC, and INEC before the appellate court as 1st to 3rd respondents, respectively, urging the panel to dismiss the tribunal’s judgment. Onyechi Ikpeazu, SAN, who was counsel to Adeleke, challenged the decision of the tribunal which nullified the victory of his client in the governorship election.
Ikpeazu argued that a member of the tribunal, who was also a chief magistrate, did not air her opinion during the judgment delivery. He said she only appended her signature and the constitution mandated her to have aired her views about the suit.
But Oyetola’s counsel, Lateef Fagbemi, SAN, disagreed with Ikpeazu, saying that mere signing of the judgment and not making any comment could not have rendered the judgment invalid.
He further argued that Justice Terste Kume, who headed the tribunal, made a pronouncement while delivering the judgment using the expression, “We, members of the tribunal…” to imply that the decision was unanimous. He also argued that there was over-voting in 744 polling units across the state. Fagbemi urged the court to dismiss Adeleke’s appeal.
Arguing the cross-appeal, Akin Olujimi, SAN, who appeared for Oyetola, prayed the court to declare Adeleke unqualified to have contested the election, in the first instance, over allegations bordering on certificate forgery. INEC had, on July 17, 2022, declared Adeleke the winner of the governorship election conducted on July 16, 2022, after polling a total of 403,371 votes. He was said to have won in 17 of the 30 local government areas in the state.
Oyetola and his party, the APC, approached the court to challenge the victory on the grounds that there was over-voting and that Adeleke was not eligible to run at the time. The Osun State Governorship Election Petition Tribunal had, on January 27, voided the July 16, 2022, election that produced Adeleke of PDP as the elected governor.
The panel led by Justice Kume, in its judgment, invalidated the election and declared Mr Gboyega Oyetola of APC as the valid winner of the poll. The tribunal directed INEC to withdraw the certificate of return issued to Adeleke and his deputy, Kola Adewusi, both of whom had been sworn in. It, however, directed that the certificate of return should instead be issued to Oyetola. Justice Kume held that the governorship election was not held in compliance with Nigeria’s Electoral Act.