The Court of Appeal sitting in Abuja Nigeria, has restored the Governor of Osun State South-West Nigeria Ademola Adeleke, as authentic Governor of July 16, 2022 Elections in the state.
The Court on Friday, vacated the tribunal judgement that nullified the election of Governor Ademola Adeleke.
The court, in a unanimous decision by a three-member panel of Justices, led by Justice Mohammed Shu’aibu, held that the appeal by Adeleke challenging his sack by the Osun State Governorship Election Petition Tribunal, was meritorious.
Apart from setting aside the judgement of the election tribunal, the court, awarded N500,000 cost against the respondents that is All Progressive Congress, (APC), and its candidate, Gboyega Oyetola.
On the issue of over voting, the appellate Court held that Oyetola and APC, failed to prove their case adding that, they only relied on the data from the back end server of INEC without considering the voters register which forms the foundation of the electoral process.
Justice Mohammed Shaibu also avert that the court has jurisdiction to entertain the matter.
Justice Shaibu said, “the appeal is meritorious and is allowed.”
Meanwhile, on the cross appeal, which borders on the education qualification of governor Ademola Adeleke, it was thrown away by the court on the ground that it lacked merit.
The Appeal Court held that the Court of Appeal judgment delivered in 2019 to the effect that Adeleke did not forge the certificate presented for the 2018 governorship election has settled the matter and cannot be resuscitated in the way and manners Oyetola did.
Justice Shuaib held that, the Court of Appeal judgment remained valid and binding on any lower court or tribunal.
Justice Shuaib said that it was wrong and erroneous of the tribunal to have made finding on the issue of the alleged certificate forgery that had been resolved by the Court of Appeal.
Justice Shuaib subsequently dismissed the cross appeal but did not award any cost against Oyetola and APC.
