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Akinwande Soji-Ojo
The Court of Appeal sitting in Abuja has set aside the judgement of the Osun State Governorship Election Tribunal, which nullified the victory of Senator Ademola Adeleke in the July 16 gubernatorial poll.
Recall that the tribunal had on January 27 ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to Adeleke and issue a new one to Oyetola.
The tribunal had annulled Adeleke’s victory and affirmed Oyetola of the All Progressives Congress (APC) as the authentic winner of the election.
INEC had returned Adeleke as the winner of the poll.
According to the commission, Adeleke of the Peoples Democratic Party polled 403,371 votes to defeat Oyetola, who got 375,027 votes
But Oyetola and the APC rejected the result of and headed for the tribunal.
In its majority verdict, the Justice Tertse Kume-led tribunal annulled Adeleke’s victory and declared Oyetola the winner of the poll.
However, a minority judgment by Justice B. Ogbuli affirmed Adeleke as the winner of the election.
Displeased, Adeleke and the PDP approached the Court of Appeal.
The Court of Appeal heard the appeal on March 13 and reserved its judgement.
While upholding Adeleke’s victory on Friday, the three-man panel led by Justice Mohammed Shuaibu in a unanimous decision held that the tribunal was “wrong to reach the conclusion that there was over-voting during the state governorship election held on 16 July, 2022.”
Shuaibu who prepared and read the judgement said, “the burden of proving the allegations of over-voting lies squarely with the respondents (Mr Oyetola and the APC).”
“It is inconceivable to assume that the testimonies of the respondents’ witnesses had any probative value,” the appellate court held.
The judges noted that Oyetola and the APC “did not tender the voters’ registers and Bimodal Voters Accreditation System (BVAS machines, which captured data of eligible voters at the Osun State governorship election.”
The court held that the foundation of what transpired at the polling units would only be established by the evidence that is contained in the voter register and BVAS machines.