Governor Gboyega Oyetola has been declared winner of the Osun state election conducted last year by the Appeal court in Abuja
A five – member panel of the appeal court sitting in Abuja which is led by Justice Jummai Sankey has made a judgement which favoured Gboyega Oyetola as Osun state governor, the tribunal ruling by Justice Peter Obiora was a judicial rumour because he didn’t take a full part in the tribunal proceedings.
A statement by the appeal court says that a “faulty composition” leading to the judgement of the tribunal could not stand.
Justice Sankey stated that the matter is not is not supposed to be reported to the tribunal, because the case was a post-election case whereby the time for it’s adjudication could not be prolonged or expanded, meanwhile she ruled that the appellate court can not order any fresh trial by the lower tribunal.
Nevertheless, the lead judgement which was read by Justice Sankey, however, was disagreed to by a member of the five member panel Justice George Mamba, who noted that the allegations against Justice Peter Obiora that he didn’t attend all sessions of the tribunal was improved.
The tribunal proceedings recorded that Justice Peter Obiora signed at the beginning of the proceedings that was the reason for saying he had no full participation, he maintained.
Because of that, the disagreeing judge did not only dismiss Governor Gboyega Oyetola’s appeal he also fined him a sum of 200,000 naira.
Despite the disagreeing judgement by Justice Mamba, Justice Sankey to resolve 11 other issues contained in the appeal in favour of Governor Oyetola, who is the appellant.
Justice Sankey also declared that the candidate for the Peoples Democratic Party, PDP, Senator Ademola Adeleke,the petitioner, did not prove beyond any reasonable doubt that there was a substantial non-compliance to the Electoral Act to the absence of ballot paper records.
Justice Sankey’s declaration has now set aside the victory of Senator Ademola Adeleke at the tribunal.
Senator Ademola Adeleke was earlier declared winner of the Osun State elections at a tribunal in Osun state, which ruled that the rerun election of the state conducted September 27 was illegal.
The tribunal which is ruled by a three man panel gave judgement on the petition filed by Senator Ademola Adeleke against the candidate of the All Progressive congress, Gboyega Oyetola.
The tribunal also ruled that the petitioners the PDP and Senator Adeleke proved that it was the returning officer who cancelled results in 7 pollen units, also adding that PDP also stated that the returning officer has no right to cancel election in pollen units.
Therefore, on the appeal filed by the APC in the same issues earlier resolved in favour of Gboyega Oyetola, the appeal court in a one accord judgement ruled in favour of Oyetola.
Meanwhile, Justice Datti Yahaya settled the appeal in favour of Gboyega Oyetola and was supported by all members of the panel except for Justice Mamba, who held that parties with common interests should file a joint appeal not separate appeal as the case under consideration.