The Supreme Court on Monday fixed Tuesday to deliver judgment in the July 16 governorship election tussle in Osun State.
A five-member panel of Justices led by Justice John Okoro fixed the date after all the parties involved adopted their written briefs in the matter after.
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The Court of Appeal, Abuja Division, had set aside the decision of the Osun State Governorship Election Petition Tribunal, which nullified the election of Senator Ademola Adeleke as Governor of Osun State.
Consequently, the Appellate Court affirmed Adeleke as the winner of the State’s governorship election of July, 2022.
A three-member panel of the appellate court led by Justice Mohammed Shuaibu had unanimously overturned the earlier decision of the election petition tribunal which nullified the governor’s victory in January.
The immediate-past governor of the state, Adegboyega Oyetola, who came second in the July 16, 2022 election, had filed a petition challenging Adeleke’s victory.
The Osun State Governorship Election Petition Tribunal in Osogbo, which upheld the allegation of over-voting in the areas won by Adeleke, had declared Oyetola of the All Progressives Congress (APC) the winner of the poll after deducting unlawful votes from the PDP’s scores.
But Adeleke appealed against the lower court’s decision, urging the appellate court to set it aside and re-affirm his victory.
Upholding Adeleke’s victory, the court of appeal held that the tribunal was wrong to reach the conclusion that there was over-voting during the state governorship election held on July 16, 2022.
Shuaibu who prepared and read the lead decision said the burden of proving the allegations of over-voting lies squarely with Oyetola and the APC.
“It is inconceivable to assume that the testimonies of the respondents’ witnesses had any probative value,” the appellate court held.
