Adeleke Vs Oyetola : Tribunal chairman gives dissenting judgment in Osun election petition verdict

Justice Sirajo dismissed the petition by the Peoples Democratic Party (PDP) and its governorship candidate and its allegation that there was non-compliance with the Electoral Act in the election.

The Tribunal chairman ruled that the petitioners failed to prove the claims at the tribunal, holding that where it is established that there is non compliance, the tribunal does not have “the powers to subtract the votes of the non compliance and declare a candidate winner.”

Justice Sirajo noted that under Section 140(3) of the Electoral Act, where substantial non compliance is proved, the tribunal can only order a supplementary or fresh election.

The chairman further advised INEC to only comply with the majority decisions concurrently delivered by Justices Peter Chudi Obiorah and Adegboye Ayinla Gbolagunte.

The main judgment of the panel had invalidated the rerun election of September 27, 2018 which returned Governor Gboyega Oyetola as winner and withdrew the certificate of return