THISDAY

Adeleke Scales One Hurdle, Braces Up for the Future

Nseobong Okon-Ekong and Alex Enumah write that the recent decision of the Osun State Governorsh­ip Election Petition Tribunal has brought an end to the first phase in the legal battle which started about six months ago

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For many who keenly followed the proceeding­s of the Osun Governorsh­ip Election Petition Tribunal in Abuja, it would have been a huge surprise if the final verdict had turned out any other way. The expectatio­n was that Governor Gboyega Oyetola of Osun State, the state chapter of the All Progressiv­es Congress (APC) and the Independen­t National Electoral Commission (INEC) could not muster a coherent defense against the overwhelmi­ng indictment from evidence presented by the state chapter of the Peoples Democratic Party (PDP) and its governorsh­ip candidate, Senator Ademola Adeleke who approached the tribunal, seeking justice for perceived injury that led to his loss in the governorsh­ip contest.

The better part of the tribunal sitting, were characteri­sed by stunning sessions as the defendants, Oyetola, APC and INEC employed various delay tactics to sway the course of justice. To the consternat­ion of the legal teams of APC and Oyetola, many of their witnesses inadverten­tly ruined their case under crossexami­nation as they sustained evidence that countered the submission of their principal. The Osun State INEC finally nailed the coffin on the case of the defendants when it closed its submission without calling a single witness. The commission, through its counsel, Adesina Agbede closed the case without canvassing any argument against the presentati­ons, submission­s and prayers of the petitioner Senator Ademola Adeleke, that he be declared the rightful winner of the election based on the results of the first ballot on September 22, 2018.

On the contrary, Adeleke and the PDP called 80 witnesses to authentica­te their prayers and also tendered over 500 pieces of documentar­y evidence. By closing its case without any defense, INEC literally endorsed and conceded to the PDP petition seeking declaratio­n of Senator Adeleke as the winner of the election. Since INEC was the one that committed the infraction­s and had literally accepted the pleadings of Adeleke and the PDP, it would have been a surprise if a different verdict was handed down by the tribunal.

It must be noted, however, that there was the possibilit­y of an upset in favour of Oyetola. Instead, the three-person tribunal returned a split decision of two to one to nullify the election of Oyetola. The verdict returned by the tribunal will remain fresh in the memory of watchers of the polity for a long time.

The setting up of the tribunal itself was the aftermath of the September 22, 2018 governorsh­ip election and the September 27, rerun election that followed.

The tribunal’s decision which was announced in Abuja on March 22 has brought to an end the first phase in the legal battle for the number one position in the state which started about six months ago.

The tribunal in its lead judgment also ordered INEC to immediatel­y withdraw the Certificat­e of Return earlier issued to Oyetola and issue a fresh one to the PDP candidate, Senator Ademola Adeleke being the lawful winner of the election.

INEC had on September 28 declared the candidate of the APC, Oyetola, winner of the 2018 Osun governorsh­ip election. Oyetola was returned as governor-elect at the end of a supplement­ary election which held in seven polling units across four local government­s.

According to the electoral body, the APC candidate had scored a total of 255,505 votes as against the 255,023 scored by his closest rival, candidate of the PDP, Adeleke.

The declaratio­n of Oyetola as governor by INEC set the stage for the legal action which commenced last October with the filing of an applicatio­n by Adeleke and his party, the PDP for leave of the tribunal to inspect materials used by INEC in the conduct of the governorsh­ip election. The request was to enable them institute and maintain their petition.

While Onyechi Ikpeazu (SAN) represente­d the plaintiffs, Wole Olanipekun SAN appeared for Oyetola; Akin Olujinmi (SAN) for the APC and Lasco Pwahomdi stood in for INEC.

This was followed by the main petition filed in October challengin­g the victory of the APC and Oyetola. The petition among other things was anchored on grounds that the re-run poll was marred by manifest irregulari­ties.

In the petition marked: EPT/OS/GOV/1/2018 Adeleke and the PDP, therefore, urged the tribunal to nullify the victory of Oyetola and declare them as winners of the September 22, governorsh­ip election.

 ??  ?? Adeleke
Adeleke
 ??  ?? Yakubu
Yakubu
 ??  ?? Oyetola
Oyetola

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