The Independent National Electoral Commission, INEC has appealed against the judgement of Justice T. A. Kume led election petition tribunal in Osun State on 44 grounds.
INEC filed the petition at the Court of Appeal in Akure, through its lawyer, Paul Ananaba (SAN) on Wednesday.
The electoral body sought an order of the Appeal Court to set aside the decision of the tribunal and dismiss the petition for want of competence and jurisdiction.
INEC said the election petition tribunal erred in law by failing to consider and rule on the various preliminary objections filed by the 1st respondent challenging the competency of the petition and jurisdiction of the Election Petition Tribunal to hear the petition but proceeded to determine the merit of the petition.
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The petitioners, former Governor of Osun State, Gboyega Oyetola, and his party, All Progressive Congress faulted the declaration of the candidate of the Peoples Democratic Party, Ademola Adeleke on 17th of July, 2022, by the electoral body as the winner of the July 16th governorship election in the state.
Oyetola said APC premised its petition with reference no: EPT/OS/GOV/01/2022, on Adeleke’s eligibility to contest and over-voting and the Tribunal on 27th January 2023 declared Oyetola as the validly elected Governor of the state.
Miscarriage of law
The appellant however said the Tribunal totally misconstrued Section 47(2) of the Electoral Act 2022, which must be read purposefully, communally and holistically to arrive at the true intention of the legislature and justice.
On the particulars of error, INEC stated that “It is trite law that preliminary objections that touch on the competency of the petition and the jurisdiction of the Tribunal is a threshold issue which must be determined before the Tribunal can assume jurisdiction to determine the merit of the petition.
INEC contended that the judgment is not a complete judgment of the said Election Petition, saying Tribunal Member 2 was one of the members of the said Tribunal who heard the Petition but did not reduce her judgment or opinion in writing capable of being delivered on the day fixed for the delivery of the judgment.
The electoral body argued that each of the members of the Tribunal must express his/her opinion in writing, stressing that the judgment is a breach of Section 294 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), because the Judgment delivered by HON. TERTSEA AORGA KUME J., was jointly signed on the last page of the judgment by the Tribunal Member 2 RABI BASHIR (Chief Magistrate).
“Section 294 (1) and (2) of the Constitution of the Federal Republic of Nigeria does not admit of joint judgments. The judgment of the Tribunal herein is incurably a nullity for being in breach of the said Section 294 (1) and (2) of the Constitution of the Federal Republic of Nigeria”, INEC submitted.
PDP lauds INEC on appeal
Meanwhile, the Peoples Democratic Party (PDP) in Osun State, has commended INEC for initiating the process to appeal the judgement of the election tribunal.
The PDP in a statement signed by its interim Chairman, Dr Adekunle Akindele said the electoral umpire has lived up to the expectations of Nigerians in standing up to the defence of the country’s electoral system. He expressed faith in the higher courts to establish the supremacy of BVAS machines above any other source of the accreditation of voters.
The PDP insisted that the Tribunal judgement was a coup not only against Osun people but the Nigerian electorates.
The party expressed their hope that the injustice will not be allowed to stand by higher courts.
Emmanuel Ukoh
