Adeleke reacts as Supreme Court affirms victory, declares proceedings a nullity
The supreme court on Tuesday affirmed the election of Ademola Adeleke as the governor of Osun.
Delivering judgment, a five-member panel of the apex court held that the court of appeal correctly reinstated Adeleke as governor of Osun.
The panel of Justices led by Justice John Okoro while delivering the judgment prepared by Justice Emmanuel Agim dismissed the appeal filed by Gboyega Oyetola, for lacking in merit.
Meanwhile, Gov. Ademola Adeleke of Osun has described the Supreme Court’s judgment revalidated his victory at the July 16, 2022, governorship election as an affirmation of the will of the masses.
The News Agency of Nigeria (NAN) reports that a five-member panel of the Supreme Court upheld the decision of the Court of Appeal in Abuja, which had affirmed Adeleke’s victory on March 24.
The Osun tribunal had on Jan. 27 , annulled Adeleke’s victory and declared Gboyega Oyetola of All Progressives Congress as the valid winner of the poll after the Independent National Electoral Commission had returned Adeleke as the winner of the poll.
Premium Times reports that the five-member panel of the court led by John Okoro unanimously upheld the decision of the Court of Appeal in Abuja which had earlier on 24 March affirmed Mr Adeleke’s victory.
The Supreme Court’s decision lays to rest the dispute over the outcome of the governorship election, and extinguishes Mr Oyetola’s hopes of coming back to office after his momentary victory at the Osun State Governorship Election Petition Tribunal in January.
The court agreed with the Court of Appeal that Mr Oyetola and his party, the All Progressives Congress (APC), failed “to adduce relevant evidence to prove their case.”
Upholding the lower court’s decision, the Supreme Court held that the Court of Appeal “correctly found that the appellants failed to prove their case” against Mr Adeleke and his party, the Peoples Democratic Party (PDP).
Specifically, the Supreme Court held that “It was imperative that the appellants (Oyetola and APC) produced the BIVAS machines or certified true copies of the BIVAS in evidence to show non-accreditation and over-voting.”
Emmanuel Agim, a member of the Supreme Court panel who read the lead judgement, noted: “It is the record in the BVAS machines that can prove the number of accredited voters in a polling unit and nothing else.”
“The appellant had a primary burden to prove the fact asserted by them in their petition. It is obvious that the appellants’ case collapsed.”
Premium Times further reports that on the issue of Mr Oyetola’s allegation of forgery levelled against Mr Adeleke, the Supreme Court held that Mr Oyetola and APC did not substantiate their claims.
“No evidence was adduced to prove the case of forgery against Adeleke. In the absence of such evidence, the allegation is not proved beyond reasonable doubt,” Mr Agim said.
On the issue of the tribunal’s jurisdiction to hear the petition, the Supreme Court faulted the tribunal for refusing to determine Mr Adeleke’s preliminary objection challenging its power to entertain the suit.
“This renders the entire hearing of the case by the tribunal a nullity. It ought to have determined the issue of jurisdiction before going into the substantive petition.
“The entire proceedings of the tribunal remain a nullity,” the Supreme Court held.
“Since it was signed by two members of the panel it is valid. But she ought to have said something.
“On the whole this appeal fails and it is hereby dismissed.”
