PDP appeals ruling
The Abuja Division of the Court of Appeal has upturned the verdict of the Osun State Governorship Election Petition Tribunal which nullified the election of the governor of Osun State, Mr. Gboyega Oyetola of the All Progressives Congress (APC).
The three-man panel chaired by Justice Ibrahim Sirajo had, on March 22, voided Oyetola’s election and directed the Independent National Electoral Commission (INEC) to issue a fresh certificate of return to the candidate of Peoples Democratic Party (PDP), Mr. Ademola Adeleke.
It voided the cancellation of election in seven polling units during the September 22, 2018 election in the state which led to a run-off on September 27, 2018.
But in a dissenting judgement of four-to-one, the five-man panel led by Justice Jummai Sankey, on Thursday upheld the appeal filed by Oyetola challenging the verdict of the tribunal and affirmed him as duly elected.
Delivering the lead majority judgment of the four members of the panel, the court resolved 10 out of the 12 issues raised in favour of Oyetola and the two others in Adeleke’s favour.
The Court of Appeal’s majority judgment was primarily anchored on the alleged absence of a member of the tribunal, Justice Peter Obiorah, who read the lead majority verdict of the tribunal during the February 6, 2018 proceedings of the tribunal.
Justice Sankey held that the absence of Justice Obiorah on that date nullified the entire proceedings and the verdict of the tribunal.
Three other members of the panel, Justices Abubakar Yahaya, Isaiah Akeju, and Bitrus Sanga, agreed with Justice Sankey.
But a member of the panel, Justice George Mbaba, dissented from the majority judgment, holding that the alleged absence of Justice Obiorah from the February 6, 2018 proceedings of the tribunal was mere speculation.
Meanwhile, the national vice chairman of the PDP, southwest, Dr. Eddy Olafeso, said the party shall approach the Supreme Court for final adjudication on the matter.
Olafeso who said this in a statement the party was shocked by the decision of the Court of Appeal on the matter.
“We must say as a party in the matter, we are shocked at the premise upon which the said verdict is anchored. Therefore we are certainly thinking, and importantly, in conjunction with our candidate, Senator Ademola Adeleke, to exploit the only available option to us, by appealing against this decision to the Supreme Court.
“It is crucial for us to underscore our fervent belief that justice is the bedrock upon which our democracy rests squarely and without it, despotism shall reign unhindered.
“That will not be the portion of our dear nation. Thus we are determined to ensure that we pursue all actions that will give muscle to the electoral desires of the people of Osun State as validly expressed in that election.
“We restate that the APC did not fairly win that election and President Buhari gave this view credence when he publicly described the victory of his party as ‘remote controlled’, thereby confirming that power privileges were criminally abused by his government and party,” he said.
However, Olafeso appealed to the PDP members and people of Osun State to remain calm while the party pursued the course of justice.
