An Appeal court in Abuja has nullified the victory of Ademola Adeleke at the Osun State governorship election petition tribunal.
This comes following an appeal filled by the Governor of Osun State, Gboyega Oyetola, challenging the declaration of Adeleke as the governor-eleect by the state election petition tribunal.
The appeal court also set aside the judgement of the tribunal of March 22, which declared Adeleke winner of the election.
A five-member panel of the appeal court led by Jummai Sankey delivered the judgement with three members of the panel agreeing with the lead judgement.
Abubakar Yahaya, Isaiah Akeju, and Bitrus Sanga were the three other judges who were in agreement with the lead judgement read by Jummai Sankey, while
panel member George Mbaba gave a dissenting judgement.
Adeleke contested the governorship election on the platform of the Peoples Democratic Party (PDP).
Oyetola was declared winner by the Independent National Electoral Commission after a supplementary poll.
Oyetola’s appeal faulted the judgment given by the tribunal on the basis that the judgment was unknown to the law because Justice Peter Obiorah who prepared and read the lead judgement did not participate fully during the hearing of the petition.
Oyetola whose appeal was first heard by the court of appeal drew the attention of the court to the February 6 proceedings in which Mr Obiorah was absent at the tribunal and did not sign the proceeding of that day.
The appellant contended that what Obiorah did amounted to judicial hear-say because the proceedings of February 6 when he was not in court was copiously copied in his lead judgement.
Insisting that judicial hearsay has no place in law, OOyetola asked the appeal court to quash the judgement, allow the appeal and uphold the governorship election.
On his part, the counsel to APC, Akin Olujinmi, also faulted the judgment of the tribunal led by Ibrahim Sirajo, on the ground that the petition was based on the rerun election of September 27
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