Osun State Governor, Adegboyega Oyetola, has asked the Court of Appeal in Abuja to reverse the March 22 majority judgment of Osun Election Tribunal which declared Senator. Ademola Adeleke winner of September 2018 election.
Oyetola contended that the majority judgment should be nullified because it was written and delivered by Justice Obiora, who did not participate in all the proceedings of the tribunal and who was not present when all the witnesses gave evidence.
He noted that Justice Obiora was absent on February 6 this year when the respondent’s witnesses – Ayoola Soji and Oladejo Kazeem – testified and tendered exhibits, which the tribunal admitted in evidence.
The appellant argued that Justice Obiora could not have seen the two witnesses and was unable to examine their demeanour, as required, and therefore, unlawful for the judge to have authored a judgment to review the evidence given by the witnesses.
Oyetola also argued that the tribunal, in its majority judgment, erred in law and acted without jurisdiction when it accepted the petitioners’ complaint of non-compliance with the provisions of Electoral Act about the September 22, 2018 governorship election and on that basis proceeded to nullify the victory of Oyetola and APC.
The tribunal had, by a majority judgment given by two of its three members, voided the election of Oyetola, pronounced the Peoples Democratic Party candidate winner and asked the Independent National Electoral Commission to issue him a certificate of return.