Earlier today, the Supreme Court has dismissed the appeal filed by the Peoples Democratic Party and its governorship candidate, Ademola Adeleke, challenging the victory of Governor Adegboyega Oyetola of the All Progressives Congress in the September 2018 election in Osun State.
Mr Adeleke, who claimed he polled the highest number of votes in the election, asked the tribunal to cancel the victory of Mr Oyetola and declare him the winner of the election.
The Osun tribunal ruled in Mr Adeleke’s favour and declared him the winner of the election. In a split judgment of two to one, the tribunal ruled that INEC was wrong to have ordered a rerun election. It nullified the rerun. The court also ruled that INEC did not comply with its guidelines on results from 17 polling units. The tribunal then deducted the results of both parties from the declared total of votes in the affected 17 poling units.
According to the tribunal, the PDP won the election with 254,698 votes, while the APC came second with 253,452 votes. The tribunal also said that the PDP would still have won the poll even if it had opted to validate the supplementary election.
“Failure of Obiora J to sit of February 6 rendered the proceedings of that day a nullity and the entire judgement a nullity. It is a fundamental error”
“The absence of Obiora J to sit on that day made it impossible for the tribunal to render any judgement in the matter”, the court ruled.
Mr Rhodes-Vivour added that five members of the panel agreed with the judgement while two others disagreed with it. Consequently the court threw out Mr Adeleke’s application and affirmed the decision of the Court of Appeal.