Adeleke files appeal against Osun tribunal judgment

Ademola Adeleke has appealed the judgment of the Osun state governorship tribunal which nullified his election.

TheCable had reported how the Osun governorship election petition tribunal ruled in favour of Gboyega Oyetola, former governor of the state.

Delivering judgment on January 27, two out of the three-member panel of the tribunal held that Oyetola was able to prove that there was over-voting in some of the polling units.

Adeleke had rejected the judgment, describing it as “a miscarriage of justice” and “an unfair interpretation against the will of majority of voters”.

In the 31 grounds of appeal filed before the Akure division of the court of appeal on Wednesday, Adeleke is praying the court for “an order setting aside the whole decision of the tribunal”.

He ia also seeking “an order striking out the petition for want of competence and jurisdiction or in the alternative, an order dismissing the petition on the merit”.

Adeleke submitted that the tribunal exhibited bias when it said: “The second respondent cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun state.”

“The tribunal, in its judgment, erred in law and displayed bias against the appellant when it made reference to the appellant’s dance at his inauguration as governor of Osun state which was never an issue before the lower tribunal,” he added.

“By referring to the appellant’s personal eccentricity for dancing, the lower tribunal derided and mocked him in a manner suggesting that it was biased against him. 

“The appearance of bias manifests in the reference to the Appellant’s proclivity for dancing and particularly the Buga song, has rendered the decision of the lower Tribunal a nullity.

“The tribunal in its judgment erred in law in returning the 1st respondent as the duly elected candidate without due regard to the enormity of the voters in the units where the results were cancelled for overvoting.”

Adeleke further said there was no majority judgment as the second judge on the panel, Rabi Bashir, failed to write her opinion as required by section 294(2) of the constitution.

Meanwhile, the PDP has also filed its appeal against the judgment.

The Independent National Electoral Commission (INEC) has also filed an appeal against the tribunal’s judgment.