Judgment has been reserved at the Court of Appeal , Abuja in respect of the ruling delivered by the Osun state Governorship Election Petition Tribunal two months ago. The tribunal had looked into matters that had to do with the outcome of the gubernatorial election held in Osun state on July 16 2022.
A three-member panel comprising Appeal Court justices which is headed by Justice Mohammed Shuaibu took arguments and adopted the briefs of all parties to the suit on Monday.
During the proceedings on Monday, Counsel for Governor Ademola Adeleke, who was the PDP guber candidate, Onyechi Ikpeazu, held that a member of the Osun state Governorship Election Tribunal , who is also a chief magistrate, had not made her opinion known while delivering the judgment in question.
She only rather appended her signature while the constitution according to Ikpeazu mandates her to have stated her opinion.
Counsel for Mr Oyetola, Mr Lateef Fagbemi SAN , however argued that mere signing of the judgment, and not making any comment afterwards does not render such a judgment invalid.
In the appeal marked: CA/AK/EPT/GOV/01/2023, Adeleke is the appellant while Alhaji Gboyega Oyetola and the All Progressives Congress are the 1st and 2nd respondents respectively.
Team@orientactualmags.com learned the three-member panel of justices led by Justice M.F. Shuaibu began sitting at about 10am on Monday.
It will be recalled that while the Independent National Electoral commission (INEC) had announced Governor Ademola Adeleke as winner of the gubernatorial election, Alhaji Adegboyega Oyetola, who was the APC candidate, had however filed a petition against his declaration as governor-elect.
The Osun state Governorship Election Petition Tribunal headed by Justice Tetse Kume had later in a split decision of two to one in January this year ordered the electoral umpire; the Independent National Electoral Commission, INEC, to withdraw the Certificate of Return issued to Adeleke and issue a fresh one to Alhaji Adegboyega Oyetola.
The majority decision which was read by the Chairman, Justice Tertse Kume said the Independent National Electoral Commission failed to substantially comply with the constitution and the provisions of the Electoral Act and had erred in declaring Adeleke as winner of the guber election.
Dissatisfied with the decision of the Tribunal, INEC, Governor Ademola Adeleke and the PDP had appealed the judgment. The Independent National Electoral Commission had also in appealing the judgment listed 44 grounds to support this.
In the cross-appeal filed by the APC and Oyetola through their Counsels; Prince Lateef Fagbemi, SAN and Akin Olujimi, SAN, they submitted that the Tribunal misdirected itself when it held that the certificate from Atlanta Metropolitan College and a diploma certificate from Penn Foster High School are genuine.
Oyetola’s lawyers in the cross –appeal, asked the Appeal Court to set aside the decision of the Tribunal which had specifically noted that Ademola Adeleke was qualified to run for governor- Team@orientactualmags.com
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