Update: A’Court restores Gov Oyetola’s victory, upturns tribunal ruling

…Adeleke heads to Supreme Court

…We’re sure of retrieving mandate at apex court-PDP

Andrew Orolua & Tunde Opalana, Abuja

The Court of Appeal in Abuja on Thursday in a split decision of 4 to 1 set aside the majority decision of the Osun State Governorship Election Petition Tribunal delivered on March 27, 2019 and restored the election victory of Governor Adegboyega Oyetola.

It nullified the Tribunal decision which had declared Senator Ademola Adeleke of the Peoples Democratic Party (PDP) as lawful winner of the September 27, 2018 governorship election in Osun State.

The appellate court in three separate judgments nullified the majority judgment of the tribunal delivered by Justice Peter Obiorah on the grounds that the judge in his judgment relied on the evidence of two witnesses which he did not observe.

Delivering the lead judgment, the presiding judge, Justice Jummai Sankey resolved all the issues raised in three appeals in favour of the appellants – Governor Oyetola.

The tribunal upheld the submission of Wole Olanipekun (SAN) that the petition was incompetent from the beginning and that it was the tribunal itself that amended it and granted the reliefs not sought by Adeleke.

Justice Sankey noted that the Court of Appeal ordinarily having set aside the entire proceedings of the tribunal ought to order a retrial of the case, however, the appellate court could not order a retrial because the 180 days provided by the law for election petition has elapsed.

Meanwhile, the 3rd member of the panel, Justice George Mbaba in a dissenting judgment dismissed the appeal and upheld the decision of the tribunal.

Justice Mbaba held that the submission of the appellant that Justice Obiorah did not participate in the proceedings of February 6, 2019 remains speculative and contentious, stating that the issue can only be resolved by means of an affidavit and calling of witnesses.

He argued that if the records of the tribunal proceedings of February 6, opened with the statement that the full members of the panel sat, the allegation that Justice Obiorah did not sign the proceedings cannot be enough to conclude that he did not participate in the day’s proceedings.

Mbaba further noted that the issue of sabotage and mischief cannot be ruled out as the records were transmitted by the court’s registrar. He consequently dismissed the appeal and upheld the majority decision of the tribunal which sacked Oyetola and returned Adeleke as Governor.

Justice Mbaba further awarded cost of N200,000 against Oyetola.

In another appeal filed by the Independent National Electoral Commission, which was upheld by a majority of four to one, Justice Mbaba who delivered the dissenting judgment came down heavily on the electoral umpire for its failure to leave up to expectations in the conduct of the election.

Mbaba held that INEC which did not call witness at the tribunal or tendered any document surprisingly came to the Appeal Court to file an appeal and even went ahead to claim that Adeleke and PDP cannot challenge the September 27 rerun election on the grounds that they have waived their rights by participating in the said election.

According to him, no serious party would boycott any rerun election when a final declaration had not been made, adding that INEC acted dubiously in the rerun election.

“INEC acted dubiously in the way it handled the rerun election. INEC should not have been put in the dock if it has done the right thing at the rerun election and when INEC was in the dock it shied away without filing any argument,” he ruled.

On the cancellation of results in 17 polling units, Justice Mbaba held that ”the cancellation was deliberate” because INEC returning Officer has no power to cancel election result. It is the presiding officer that has the power to cancel results if need be.”

Other members of the panel included Justices Abubakar Yahaya, Isaiah Akeju and Bitrus Sanga.

However, Nathaniel Oke (SAN), the lead lawyer who represented Senator Adeleke at the judgment, said on Thursday that the decision of the Court of Appeal will be challenged at the Supreme Court.

Meanwhile, the Peoples Democratic Party (PDP) has raised hopes of retrieving the mandate given to its governorship candidate in Osun State, Senator Ademola Adeleke, by the people of the state at the Supreme Court.

This followed Thursday’s nullification by an Appeal Court sitting in Abuja, the verdict of the Osun State Governorship Election Petition Tribunal to declare Adeleke as winner of the 2018 governorship election in the state, thereby sacking the incumbent governor, Jelili Oyetola, formally declared as winner by the Independent National Electoral Commission (INEC).

According to PDP spokesman, Kola Ologbondiyan, the party and, its candidate Senator Adeleke, are confident of retrieving the governorship mandate at the apex court.

The PDP said it was not in any way shaken by the judgment of the Court of Appeal, but stands with Nigerians in the confidence that justice and respect for the will of the people of Osun State will definitely prevail at the Supreme Court.

The party insisted that there is no way the will of the people, which they openly expressed in voting for Senator Adeleke, will be allowed to be lost.

He said: “The PDP notes that the fact that the Court of Appeal had a split judgment indicates that justice was not fully served at the appellate court.

“It is instructive to state that the Court of Appeal did not contest or invalidate the fact that Senator Adeleke won the election but only cited technicalities and speculations to arrive at its decision.

“The PDP has also noted that the Court of Appeal failed to act on the full and substantial import of the failure of the Independent National Electoral Commission (INEC) to produce the ballot papers and record of accreditation to disprove our position that INEC altered results and subverted the will of the people of Osun State.

“Our party and candidate are therefore, confident that the Supreme Court will look at the merit of the matter and ensure that justice is served by recognising Senator Ademola Adeleke as Osun State Governor”.