Judgement sacking me not majority decision, Adeleke tells Appeal Court

Osun State Governor and Peoples Democratic Party (PDP) candidate Ademola Adeleke, who contested the July 16, 2022 governorship election, told the Court of Appeal that the decision of the Justice Tertsea Kume‑led Election Petition Tribunal, which annulled his victory, was not the majority decision of the panel. He described the judgment as a nullity because the third panel member, Rabi Bashir, did not express an opinion on the ruling.

Adeleke’s Notice of Appeal, filed before the Court of Appeal, Akure Division, challenges the tribunal’s January 27 decision that nullified his win in Osogbo. The appeal, dated January 30, 2023, was signed by his lead counsel, Onyeachi Ikpeazu, on behalf of 26 other lawyers. In the appeal, the PDP candidate listed 31 grounds alleging legal errors by the tribunal and asked the appellate court to set aside the judgment. Among the grounds were claims that the second tribunal member never rendered a decision or opinion, either orally or in writing, and therefore could not validly sign the chairman’s decision without an opinion. Adeleke argued that what was presented as the tribunal’s lead decision was, in fact, a nullity both in fact and law.

Adeleke further contended that the tribunal decided the case without considering the totality of his evidence and displayed bias by referencing his dancing to the “Buga” song in the judgment that annulled his victory. He also disputed reports that entries on the Bimodal Voter Accreditation System (BVAS) machines used during the poll were superior and unique, asserting that the panel should not have granted the reliefs sought by the petitioners.

Similarly, the PDP’s Notice of Appeal, signed by the party’s lead counsel Alex Izinyon on behalf of 19 other lawyers and dated February 6, 2023, listed 43 grounds of appeal, maintaining that the tribunal’s judgment was contrary to the weight of the evidence presented. The Independent National Electoral Commission, represented by counsel Prof. Paul Ananaba, had previously appealed against the tribunal’s decision.