UPDATE: Supreme Court dismisses Adeleke, PDP’s appeal, affirms Oyetola as Osun governor

The Supreme Court on Friday dismissed the two appeals brought before by the candidate of the Peoples Democratic Party (PDP) in the 2018 governorship election in Osun State, Senator Ademola Adeleke.

The apex court, in a majority decision of five-to-two, read by Justice Olabode Rodes-Vivour, held that the failure of a member of the Osun State Governorship Election Petition Tribunal, Justice Peter Obiora to sit and hear proceedings of February 6, 2019, rendered the entire proceedings and the judgment was given by the tribunal a nullity.

The Supreme Court then upheld the majority judgment of the Court of Appeal, which affirmed the victory of Adegboyega Oyetola of the All Progressives Congress (APC) as the Governor of Osun State.

ALSO READ: Supreme Court verdict: Adeleke congratulates Oyetola, wishes him well

In the majority judgment, the Supreme Court agreed with the submissions of the counsel to Oyetola, Chief Wole Olanipekun (SAN) that the entire of the majority judgment of the tribunal is a nullity, because it was written and delivered by Justice Obiorah, “who did not participate in all the proceedings of the tribunal and who was not present when all the witnesses gave evidence”.

It noted that by the record of appeal, it was obvious that Justice Obiora was absent on February 6, 2019, when the respondent’s witnesses (RWs) 12 and 13, Ayoola Soji and Oladejo Kazeem, testified and tendered exhibits, which the tribunal admitted in evidence.

The apex court said Justice Obiora’s absence on  February 6, 2019, meant that the tribunal was not properly constituted that day, and thereby rendered the entire proceedings of the tribunal a nullity and the judgement worthless.

The Supreme Court then set aside the entire proceedings of the tribunal and its judgement delivered in favour of Adeleke and the PDP.

The Court upheld the majority judgement of the Court of Appeal, which earlier voided the tribunal’s judgement and affirmed the victory of Oyetola at the poll.

The Acting Chief Justice of Nigeria (CJN),  Justices Ibrahim Tanko  Muhammad, Justices Kudirat Kekerere-Ekun, Amiru Sanusi and Uwani Abba-Aji agreed with the majority judgments in both appeals marked: SC/553/2019 and SC/556/209, as filed by Adeleke.

However, in their minority judgment delivered by Justice Kummai Akaahs and supported by Justice Paul Galinje, they disagreed with the findings in the majority judgment that Obiora was absent on February 6, adding that even if the issue was to be legally resolved, the respondents ought to file affidavit to challenge the record of proceedings of February 6.

They further said that the findings of the majority judgment were based on conjecture and well-articulated speculation by relying on a certified true copy of the tribunal’s proceedings instead of the original record.

The minority judgment also held that cancellation of election in seven polling units of four local government area of Osun by a returning officer of INEC was illegal, unlawful and unconstitutional, adding that by section 179 of the 1999 constitution, Adeleke who scored highest votes in the main election and fulfilled the section ought to have been declared winner of the election.

“INEC is supposed to be an unbiased umpire, cancelling election by a returning officer is not allowed by law, just like using the manual to cancel election is also illegal”, Akaahs stated.

The minority judgment further accused INEC of using inconclusiveness in the election to perpetrate fraud and to do what it wants to do even when it is illegal.

They, therefore, set aside the judgment of the Court of Appeal and declare Adeleke as the winner of the election of September 22, 2018 Governorship election.