High expectations and tension are palpable within the Peoples Democratic Party (PDP) and the opposition All Progressives Congress (APC) in Osun State as the state Election Petition Tribunal is set to deliver its judgment on a petition filed by the APC against the victory of Governor Ademola Adeleke in the July 16 governorship election. The political atmosphere in Osun and beyond is charged, with many eagerly awaiting the Tribunal’s decision, which will be announced tomorrow. Following Adeleke’s victory, confirmed by the Independent National Electoral Commission (INEC), the former governor, Adegboyega Oyetola, and the APC sought to challenge this outcome in court.
The APC’s petition aims to overturn the election results in favor of its candidate, citing allegations of non-compliance with the Electoral Acts and the Constitution. Additionally, the petitioners questioned the validity of the certificates submitted by Adeleke during the 2018 governorship election, which he lost to Oyetola, arguing that some of the filings were inconsistent. In the recent political history of Osun, Oyetola and Adeleke have emerged as the dominant figures, engaged in a fierce rivalry that shows no signs of abating. Since losing power to Adeleke, Oyetola has expressed his aspirations to return to office, even invoking spiritual assurances during a recent prayer session attended by party supporters.
In response, Governor Adeleke’s spokesperson, Olawale Rasheed, suggested that Oyetola may have misinterpreted his spiritual message, implying that it was not divine guidance regarding his return to the Osun Government House. The impending judgment is particularly significant as the 2023 general elections approach, making the Tribunal’s decision crucial for both parties’ prospects in the upcoming elections. Both the APC and PDP recognize that the ruling could either galvanize or demoralize their members, which explains the intense efforts each party is making to secure a favorable outcome. Political analysts speculate that the case may ultimately reach the Supreme Court.
Aware that a favorable ruling would invigorate its members, who are experiencing opposition for the first time since 2010, APC leaders in Osun have been actively working to encourage party loyalty. They believe that only a strong motivational boost, such as a positive court ruling, can unify the party as they prepare for the next general elections. Conversely, PDP leaders have been equally diligent in urging their members to remain vigilant and not to relax until the court case regarding Adeleke’s victory is resolved.
Throughout the various court sessions, supporters from both parties have flocked to the Tribunal in large numbers to witness the proceedings. After each session, they have shared updates through social media and political meetings. During the trial, the petitioners presented two witnesses and submitted numerous documents, while the respondents, including the PDP, Adeleke, and INEC, called three witnesses and filed additional documents. The petitioners opened their case by introducing documentary evidence, including INEC regulations, guidelines for the election, and election results for various local governments.
One of the petitioners’ expert witnesses, Dr. Isiaka Olanrewaju, testified that he identified irregularities in the declaration of Adeleke as the governor-elect by INEC after analyzing the election result forms and comparing them with data from the Bimodal Voters Accreditation System (BVAS). Under cross-examination by INEC counsel, Prof. Paul Ananaba, SAN, Olanrewaju stated that he analyzed results from 749 units across ten local governments. Another petitioner, Mr. Rasak Adeosun, claimed that Adeleke did not attend any university and therefore could not have obtained any certificates. Adeosun, who served as the state Collation Officer for the APC during the election, reported that there was a lack of compliance with INEC’s manual on election day.
In response, INEC’s counsel presented a Deputy Director from the Commission’s ICT department, Abimbola Oladunjoye, as a witness. Under cross-examination, Oladunjoye acknowledged that there appeared to be over-voting in some polling units mentioned by the petitioners. However, upon re-examination, she clarified that over-voting could only be confirmed by comparing the figures on the Form EC8 series with the physical data extracted from the BVAS machines. She also explained discrepancies between two BVAS reports issued by the Commission, noting that data synchronization was completed after the election results were declared.
Additionally, Samuel Oduntan, a forensic examiner, testified that he conducted a physical inspection of the BVAS machines used during the election and found over-voting in about six units, while other data matched the information on the Form EC8 series. Rev. Bunmi Jenyo, a Personal Assistant to Adeleke, also appeared before the Tribunal, presenting Adeleke’s certificates and confirming his attendance at Adeleke’s graduation in the United States.
The proceedings lasted approximately ten hours, including two short breaks, during which counsel presented their final written arguments. After adopting their written addresses, the respondents’ counsel argued that the PDP candidate had legitimately won the election and urged the panel to dismiss the petition against his victory. One of the counsel, Onyeachi Ikpeazu, SAN, specifically noted that the petitioners failed to provide documentary evidence to substantiate their claims of forgery against Adeleke, emphasizing that no witnesses were called from the institutions that issued the certificates to support these allegations. He also pointed out that a previous Court of Appeal ruling had declared Adeleke not guilty of forgery.
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