Osun Gov’ship election: Tribunal declares Adeleke winner, sacks Oyetola

…Nullifies supplementary poll

…Minority judgment upholds Oyetola’s election

…PDP, Atiku hail Adeleke’s triumph at tribunal

…APC rejects outcome, heads to A’Court

Andrew Orolua, Tunde Opalana & Tom Okpe, Abuja

In a split decision of two to one, the Osun State Governorship Election Petition Tribunal sitting in Abuja, on Friday, declared Senator Ademola Adeleke, the candidate of the Peoples Democratic Party (PDP), winner of the Governorship election conducted by the Independent National Electoral Commission (INEC) in Osun State on September 22, 2018.

The tribunal nullified the election of Governor Gboyega Oyetola, who was returned by INEC after a supplementary election held on September 27, 2018. It held that Governor Oyetola did not score the lawful majority votes casted during the governorship election in Osun State.

Delivering the majority Judgment, Justice Peter Obiorah ordered the Independent National Electoral Commission to issue Certificate of Return of the election to Senator Ademola Adeleke who scored the lawful majority of votes casted at the election.

He also ordered immediate withdrawal of Certificate of Return issued to Governor Oyetola.

The tribunal set aside the rerun election conducted on September 27, 2018 for being unlawful.

Justice obiorah held that the poll conducted in the 7 units is unknown to law because INEC has no power to conduct it.

The tribunal agreed that PDP and Adeleke established beyond reasonable doubt that INEC did not comply substantially with the Electoral Act in 17 polling units.

The tribunal said the returning officer acted ultras vires his powers in cancelling the seven units.

Consequently, over 2,000 votes credited to the All Progressives Congress (APC) and Governor Oyetola were deducted from the total votes credited to the party by INEC, while over 1,000 votes said to have been scored by the PDP and its candidate were also removed from their total votes.

The majority Judgment further held that the returning officer who cancelled the result in the affected units after the announcement had no power to have done so.

Earlier, while ruling on an objection filed against the petition by APC, Oyetola and INEC, the tribunal had dismissed the objection as misconceived. The Tribunal held it has jurisdiction to entertain the suit.

Justice Adegboye Ayinla Gbolagunte, the 3rd member of the tribunal, agreed with the lead judgment delivered by Justice Peter Obiorah.

The chairman of the tribunal, Justice Mohammed Ibrahim Sirajo, however, dissented in his judgment and held that the petitioners, PDP and Adeleke failed to prove how the non-compliance of non-recording in the columns of accredited votes and account of ballots in the result sheets substantially affected the final results.

Justice Sirajo further stated that even when non- substantial compliance affects the outcome of the election, the tribunal, by virtue of section 140(2) of the Electoral Act, does not have the power to subtract the votes affected by the noncompliance from the scores of the candidates and announce a winner.

According to him, the tribunal only has the power to nullify the results of the Polling units affected by the noncompliance and order a supplementary poll.

He concluded that even if the noncompliance was substantial, it was not proved by the petitioners.

Meanwhile, the Peoples Democratic Party (PDP) has hailed the verdict of the Osun State Governorship election tribunal, which upheld the victory of its candidate, Senator Ademola Adeleke, describing the judgement as a victory for democracy and the will of the people.

The judgment, according the party, is a clear indicator that those who set out to destroy our democracy can never triumph and that no matter how evil and injustice appear to thrive, the truth must always prevail at the end of the day.

PDP spokesperson, Kola Ologbondiyan, in a statement on Friday, said Nigerians have accepted democracy as a way of life and a form of government that suits the multi-plurality of our nation.

He said: “The spontaneous jubilation that greeted this judgment is therefore a direct indication that it is in consonance with the wishes and aspiration of Nigerians across the board.

“For those who have been desperate to destroy our democracy, this judgment has proven to them that their shenanigans will always come to no avail”.

The PDP commended the judiciary for standing upright in the defence of democracy and for ensuring that those involved in the rapacious desecration of our democratic norms will never succeed.

“This verdict, which reverberates across our nation, points to the fact that the truth will always prevail and that our party, the PDP, will recover all our stolen mandates in the 2019 general elections, particularly, the Presidential mandate, which Nigerians freely gave to our candidate, Atiku Abubakar.

“Furthermore, all our candidates who have already won their elections, but whose victories are being manipulated by anti-democratic forces, must take solace in the words of the Osun election petition panel, that once valid votes have been declared and a winner emerges by majority of votes, a rerun is illegal”, said Ologbondiyan.

The party congratulated Senator Adeleke, the good people of Osun State as well as all lovers of democracy across our country for the triumph of justice over impunity, abuse of electoral processes and unfettered political rascality.

Also, the Presidential candidate of the Peoples Democratic Party (PDP) in the 2019 general election, Atiku Abubakar, applauded the judiciary as truly, the defender of Nigeria’s democracy.

Atiku Abubakar made the assertion while responding to the verdict of the election tribunal upholding the election of the PDP candidate in the 22 September, 2018 governorship election, Senator Ademola Adeleke.

The Waziri Adamawa noted that the restoration of the stolen mandate of Senator Adeleke shows that indeed the judiciary is the last refuge of the common man and that in truth, those who were aggrieved and resolved to maintain the peace, have been vindicated.

Atiku Abubakar congratulated Senator Adeleke, the PDP and men and women of goodwill in Osun State, who did not waver in their commitment to retrieve the stolen mandate.

“Weeping may endure for a night, but joy has come for the people of Osun,” the former vice president stated.

The PDP presidential candidate commended the courage of the judiciary and its resilience even in the face of strenuous efforts by the APC-led government to undermine and intimidate it.

According to the former Vice President, the decision of the judiciary on the Osun governorship election is phenomenal in view of the culture of inconclusive elections by INEC in this season.

“The judgment has rekindled hope and confidence that those whose mandate had been tampered with or denied can look forward to justice being done to them.”

Atiku Abubakar urged the judiciary to remain steadfast as the eyes of all Nigerians and indeed the whole world are on them to help ensure that democracy in Nigeria is put on a solid foundation.

However, the All Progressives Congress (APC) opponent, declared winner by the Independent National Electoral Commission (INEC), Adegboyega Oyetola, has headed for the Court of Appeal.

In a press statement signed by Wole Oyebanji, Secretary to Osun State Government, on Friday, said: “The Government of the State of Osun wishes to appreciate the teeming support of the majority of people in all things essential for mutual progress.

“As it is, the administration of His Excellency, Mr. Adegboyega Oyetola, Governor, State of Osun, wishes to assure the people that the judgment of the Election Tribunal has been put on Appeal.

“This is to further assure all the residents of the state of adequate security of lives and properties, as the Government of the state is still the only legitimate Government having the authority to govern the state”.

The statement further assured the people that Justice will prevail at last adding, “the law enforcement agencies have been instructed to maintain law and order across the state.

“We therefore urge all the residents of the state to go about their lawful duties without any hindrance”, the statement added.