Osun State Governor, Senator Ademola Adeleke, has announced his intention to appeal the judgment of the Election Petitions Tribunal, which nullified his victory in the July 16, 2022 governorship election. The All Progressives Congress (APC) and its candidate, Adegboyega Oyetola, had challenged Adeleke’s eligibility to contest the election, arguing that the Peoples Democratic Party (PDP) candidate did not meet the necessary requirements. They also claimed that the Independent National Electoral Commission (INEC) failed to conduct the election in strict compliance with the Electoral Act and the constitution. The petitioners requested the tribunal to deduct excess votes identified in 744 polling units across ten local government areas.
In a majority judgment delivered by Justice Tetsea Kume, the tribunal found in favor of the petitioners, stating that over-voting had occurred in the identified polling units. Justice Kume noted that the petitioners had provided a Bimodal Voter Accreditation System (BVAS) report obtained from INEC’s backend server, which substantiated their claims of over-voting. He dismissed the respondents’ argument that the synchronization of the BVAS report had not been completed, asserting that synchronization must occur simultaneously. Furthermore, he stated that the evidence presented by the respondents did not alter the validity of the BVAS report submitted by the petitioners. Justice Kume emphasized that the respondents’ defenses were fundamentally flawed and incapable of undermining the credible evidence provided by the petitioners.
The tribunal concluded that the election conducted on July 16, 2022, was marred by substantial non-compliance with the Electoral Act and relevant regulations. Justice Kume ordered the deduction of invalid votes from the total votes cast to determine the rightful winner. After this deduction, he declared that the first petitioner, Adeleke, had received 314,931 lawful votes, while Oyetola had 219,666 votes, thus confirming Adeleke as the legitimate winner of the election. The tribunal directed INEC to withdraw the Certificate of Return issued to Oyetola and issue a new one to Adeleke.
In a minority decision, Justice A. Ogbuli disagreed with the majority ruling, stating that the panel should have relied on the primary data from the BVAS machines used on Election Day rather than the reports submitted by the petitioners. He argued that the physical inspection report of the BVAS machines was not contested and that the entries on the machines matched those in the forensic inspection report. Justice Ogbuli maintained that the BVAS reports presented by the petitioners were inadequate for determining the accurate number of accredited voters.
In response to the tribunal’s judgment, Governor Adeleke expressed his dissatisfaction with the ruling, describing the resolution of the over-voting issue as an unfair interpretation against the will of the majority of voters. He urged his supporters to remain calm and assured them that he would appeal the judgment, reiterating his belief that he was the rightful winner of the election. Adeleke characterized the discrepancies highlighted by the tribunal as a miscarriage of justice and emphasized that the claim of over-voting was unfounded.
Adeleke’s son, Adesina Adeleke, also expressed confidence in his father’s continued governorship, stating on social media that nothing had changed and that they would move forward to the appeal court. Meanwhile, members of the PDP staged a peaceful protest in Osogbo against the tribunal’s decision, demanding an investigation into the panel’s conduct. Protesters carried placards with messages expressing their discontent with the judgment and reaffirming their support for Adeleke.
In contrast, Oyetola celebrated the tribunal’s verdict as a victory for the state and democracy, asserting that it resolved the controversy surrounding the election. He called for unity and urged PDP members to allow the judicial process to unfold without resorting to self-help. Oyetola expressed gratitude to his supporters and emphasized that the judgment would enable INEC to address electoral anomalies before the upcoming general elections.
Some workers who were recruited into the civil service during Oyetola’s administration expressed hope following the tribunal’s ruling, as they sought to have their appointments reinstated. Additionally, prominent political figures, including APC presidential candidate Bola Tinubu and governors from various states, congratulated Oyetola on the tribunal’s decision, framing it as a triumph for democracy and the rule of law. The APC’s National Publicity Secretary echoed these sentiments, highlighting the significance of the ruling in affirming the will of the Osun electorate and reinforcing confidence in the electoral process.
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