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The supreme court has dismissed an appeal filed by the Peoples Democratic Party (PDP) seeking to nullify the participation of Gboyega Oyetola, newly declared governor of Osun state, and his deputy, Benedict Alabi, in the July 16, 2022 governorship election.
Justice Emeka Nwite of the federal high court in Abuja, in a judgment on September 30, 2022, nullified the participation of Oyetola and Alabi in the governorship election on the grounds that their nomination forms were endorsed by an acting chairman of APC, who was also a serving governor of Yobe state, Mai Mala Buni.
Justice Nwite’s judgment was set aside by the court of appeal, Abuja, in a judgment in December 2022, a verdict which PDP appealed at the supreme court.
A five-member panel of the supreme court, led by Justice Centus Nweze, in a judgment on Thursday morning, February 2, held that the appeal by PDP was without merit and directed the lawyer representing the party, Kehinde Ogunwumiju (SAN), to withdraw it, according to The Nation.
The judge, Justice Tertse Kume, on January 27, also ordered that the certificate of return should be withdrawn from Adeleke and issued to Oyetola.
The tribunal sacked Adeleke for over-voting in some polling units across the state.
Recall that Oyetola, and the All Progressives Congress (APC), approached the state tribunal to challenge the victory of Adeleke at the July 16 governorship election in the state, alleging irregularities during the poll.
A witness, Samuel Oduntan, who testified on behalf of Adeleke, told the state election petition tribunal that over-voting took place only in six of the 749 disputed polling units.
At the resumed hearing of the petition on December 22, 2022, Oduntan, a statistician and forensic examiner, while being led in evidence by Alex Iziyon (SAN), said that he conducted a forensic analysis on the BVAS machine and analysed the result with forms EC8A series to draw his report.
He said that, “Under the supervision of the Independent National Electoral Commission (INEC), I conducted the forensic analysis of BVAS machines, I then analysed the result with form EC8A series.
“My report didn’t determine who won or lost. I only gave the figures.
“I observed over-voting in six polling units. I was paid for the job but it does not affect the figures and facts in my report,” he added.
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