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How Adeleke won, lost Osun election

The Osun State Election Petitions Tribunal, which was hearing the petition filed by the All Progressives Congress (APC) governorship candidate, […]

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The Osun State Election Petitions Tribunal, which was hearing the petition filed by the All Progressives Congress (APC) governorship candidate, Adegboyega Oyetola, against the victory of the Peoples Democratic Party (PDP) candidate, Ademola Adeleke, annulled the results of the July 16 Osun governorship election on Friday. Oyetola and the APC had contested Adeleke’s victory, despite the Independent National Electoral Commission (INEC) declaring him the winner and returning him as elected.

The July 16 election saw INEC announce Adeleke as the winner, with a total of 403,371 votes, surpassing Oyetola, who received 375,027 votes in a closely contested race. Oyetola won in 13 local government areas but ultimately came in second. On August 5, 2022, Oyetola approached the Election Petitions Tribunal in Osogbo, the state capital, seeking to nullify Adeleke’s win. He claimed that the election was marred by “irregularities” and alleged that Adeleke was not qualified to contest, having submitted a forged certificate to INEC.

In preparation for the tribunal, Adeleke assembled a legal team of about 52 lawyers, including seven Senior Advocates of Nigeria (SANs), such as Dr. Alex Izinyon, Dr. Paul Ananaba, and Dr. Onyeachi Ikpeazu. Oyetola also gathered a team of 50 lawyers, including 10 SANs, listing 13 grounds for disqualifying Adeleke. Key members of Oyetola’s legal team included Prince Lateef Fagbemi (SAN), Chief Akin Olujumi (SAN), and Prince Biodun Layonu (SAN).

The tribunal proceedings began on August 22, when the panel, led by Justice Tetsea Kume, granted Oyetola’s application to serve notice of the petition through substituted means. The tribunal also approved a motion for the inspection of documents held by INEC, the first respondent in the case. The panel scheduled daily sittings from Monday to Thursday, with proceedings concluding at 4 PM, and on Fridays, ending at 1 PM.

To support his claims, Oyetola, represented by his counsel Lateef Fagbemi, SAN, presented various exhibits, including election results from Ede North, Ede South, and Osogbo local government areas on November 1, 2022. Two days later, Dr. Saka Layoonu, SAN, for the petitioner, submitted a Certified True Copy of the Bimodal Voter Accreditation System (BVAS) report and additional election results from three more local government areas. In response, Adeleke’s spokesperson, Rasheed Olawale, stated that Oyetola’s document submissions did not indicate any judicial victory and criticized the APC for engaging in a media trial.

On January 12, 2023, the Osun APC and the PDP exchanged allegations regarding plans to attack the tribunal venue by unnamed politicians. The APC called for enhanced security around the High Court premises, while the PDP accused the APC of planning the attack to divert attention from its own actions.

The tribunal concluded its sittings on January 13, when both parties presented their final written addresses. Oyetola’s legal representatives argued that Adeleke did not secure a majority of lawful votes and highlighted inconsistencies in the certificates he presented. In contrast, the counsel for INEC and Adeleke maintained that the election was conducted in accordance with the Electoral Act and the Constitution.

On January 27, the tribunal delivered its judgment amid heightened security in Osogbo. Justice Tetsea Kume announced the annulment of the July 16 governorship election results, stating that INEC had not substantially complied with constitutional provisions and the Electoral Act. After deducting the over-voting observed, the tribunal declared Oyetola the winner with 314,921 votes, while Adeleke’s total was reduced to 290,266.

Adeleke reacted strongly to the tribunal’s ruling, labeling it a “miscarriage of justice” and pledging to appeal the decision at the Court of Appeal. From his home in Ede, he criticized the tribunal’s handling of the over-voting issue, calling it an unfair interpretation that disregarded the will of the majority of voters. He urged his supporters to remain calm while asserting his belief that he was the rightful winner of the July 16 election.

Ifunanya

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