Why Osun Tribunal declared Ademola Adeleke winner of governorship election

In a split judgement, the Osun State Governorship Election
Petition Tribunal sitting in Apo, on Friday, nullified the election
of the Governor of Osun State, Gboyega Oyetola; and ordered the
Independent National Electoral Commission to immediately withdraw
the Certificate of Return issued to him as winner of the September
2018 election.

However, the chairman of the Tribunal, Justice Ibrahim Sirajo,
upheld the whole election.

In the majority judgment delivered by Justice Peter Obiara, the
tribunal set aside the rerun election conducted on September 27,
2018 for being unlawful.

Justice Obiora held that the poll conducted in the seven units
is unknown by law because INEC has no power to conduct it.

The tribunal declared candidate of the Peoples Democratic
Party’, Ademola Adeleke, in the governorship election as the duly
elected governor and ordered INEC to immediately issue him the
Certificate of Return.

The tribunal agreed that PDP and Adeleke established beyond
reasonable doubt that INEC did not comply substantially with the
Electoral Act in 17 polling units.

Consequently, over 2,000 votes credited to the All Progressives
Congress and Governor Oyetola by INEC were deducted by the
tribunal, while over 1,000 votes said to have been scored by the
PDP and its candidate were also removed from their total votes.

The majority judgment held that the returning officer who
cancelled the result in the affected units after the announcement
had no power to have done so.

NAN reports that Prof. Joseph Fuwape, vice chancellor of the
University of Technology, Akure was the Returning Officer for the
Sept. 22 election

Fuwape said the election was inconclusive because 3498 votes
were cancelled as a result of ballot box snatching that occurred in
some polling units during the election.

The affected polling units were Ife North, (one polling unit),
Ife south, (two polling units), Orolu,( three polling units) and
Osogbo, one polling unit.

According to Fuwape, Senator Ademola Adeleke, the candidate of
the Peoples Democratic Party scored 254,698 votes, while Alhaji
Gboyega Oyetola, the candidate of the All Progressives Congress,
scored 254, 345 votes. He thus called for rerun elections at the
polling units where results were cancelled.

The majority judgment after deductions of the votes recorded in
the rerun poll gave Adeleke’s score as 253,777 and Oyetola’s as
253,476.

In the minority judgment, Justice Ibrahim Sirajo, Chairman of
the tribunal, held that the petitioners, PDP and Adeleke failed to
prove how the non-compliance of non-recording in the columns of
accredited votes and account of ballots in the result sheets
substantially affected the final results.

He further stated that even when non substantial compliance
affects the outcome of the election, the tribunal, by virtue of
Section 140(2) of the Electoral Act, does not have the power to
subtract the votes affected by the non-compliance from the scores
of the candidates and announce a winner.

According to him the tribunal only has the power to nullify the
results of the Polling units affected by the noncompliance and
order a supplementary poll.

He concluded that even if the non-compliance was substantial, it
was not proved by the petitioners

Earlier, in a ruling on an objection filed against the petition
by APC, Oyetola and INEC, the tribunal held that the objection was
misconceived and that the tribunal has jurisdiction to entertain
the suit.

The objection was consequently dismissed by the tribunal.In a
split judgement, the Osun State Governorship Election Petition
Tribunal sitting in Apo, on Friday, nullified the election of the
Governor of Osun State, Gboyega Oyetola and ordered the Independent
National Electoral Commission to immediately withdraw the
Certificate of Return earlier issued to him as winner of the
September 2018 Election.

However, the chairman of the Tribunal, Justice Ibrahim Sirajo
upheld the whole election.

In the majority Judgment delivered by Justice Peter Obiara, the
tribunal set aside the rerun election conducted on September 27,
2018 for being unlawful.

Justice Obiora held that the poll conducted in the seven units
is unknown by law because INEC has no power to conduct it.

The tribunal declared candidate of the Peoples Democratic Party,
Ademola Adeleke in the governorship election as the duly elected
governor and ordered INEC to immediately issue him with Certificate
of Return.

The tribunal agreed that PDP and Adeleke established beyond
reasonable doubt that INEC did not comply substantially with the
Electoral Act in 17 polling units.

Consequently, over 2,000 votes credited to the All Progressives
Congress and Governor Oyetola by INEC were deducted from the
tribunal, while over 1,000 votes said to have been scored by the
PDP and its candidate were also removed from their total votes.

The majority judgment held that the returning officer who
cancelled the result in the affected units after the announcement
had no power to have done so.

NAN reports that Prof. Joseph Fuwape, vice chancellor of the
University of Technology, Akure was the Returning Officer for the
September 22 election

Fuwape said the election was inconclusive because 3498 votes
were cancelled as a result of ballot box snatching that occurred in
some polling units during the election.

The affected polling units were Ife North (one polling unit),
Ife south (two polling units), Orolu (three polling units) and
Osogbo (one polling unit).

According to Fuwape, Senator Ademola Adeleke, the candidate of
the Peoples Democratic Part scored 254,698 votes, while Gboyega
Oyetola, the candidate of the All Progressives Congress, scored
254, 345 votes. He thus called for rerun elections at the polling
units where results were cancelled.

The majority judgment after deductions of the votes recorded in
the rerun poll gave Adeleke’s score as 253,777 and Oyetola’s as
253,476.

In the minority judgment, Justice Ibrahim Sirajo, Chairman of
the tribunal, held that the petitioners, PDP and Adeleke failed to
prove how the non-compliance of non-recording in the columns of
accredited votes and account of ballots in the result sheets
substantially affected the final results.

He further stated that even when non substantial compliance
affects the outcome of the election, the tribunal, by virtue of
Section 140(2) of the Electoral Act, does not have the power to
subtract the votes affected by the non-compliance from the scores
of the candidates and announce a winner.

According to him the tribunal only has the power to nullify the
results of the Polling units affected by the noncompliance and
order a supplementary poll.

He concluded that even if the non-compliance was substantial, it
was not proved by the petitioners

Earlier, in a ruling on an objection filed against the petition
by APC, Oyetola and INEC, the tribunal held that the objection was
misconceived and that the tribunal has jurisdiction to entertain
the suit.

The objection was consequently dismissed by the tribunal.

(NAN)