The Supreme Court, on Monday, fixed July 5, to delivered judgment on four appeals filed by Sen. Ademola Adeleke challenging the decision of Court of Appeal which on May 9, which upheld Governor Adegboyega Oyetola’s victory.
Acting Chief of Nigeria Justice Ibrahim Muhammad consolidated three of appeals and ruled that apex court decision in one of them will apply to the other two.
The Supreme Court, however, took other appeal challenging the inclusiveness of election separately.
Justice Muhammad fixed July 5 for the court to deliver judgment counsel to the parties adopted their brief of argument’s. The Court of Appeal had, on Thursday, May 9, 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 Oyetola.
It nullified the Tribunal’s decision which had declared Sen. Adeleke of the Peoples Democratic Party (PDP) as lawful winner of the September 27, 2018 governorship election in Osun State.
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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 observed. 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.
Dissatisfied with judgment Sen. Adeleke has filed the three separate appeals at the apex court.
