THE Supreme Court will, on Tuesday, May 9, deliver judgment on the Osun State governorship election petition.
The Apex Court has scheduled the judgment for 2:00 pm.
All Progressives Congress (APC) candidate, former governor Adegboyega Oyetola is attempting to overturn the Court of Appeal’s March 25 ruling which upheld the Peoples Democratic Party (PDP) flagbearer Governor Ademola Adeleke’s victory in the governorship election.
The Court of Appeal, Abuja Division, had on March 24 upheld Adeleke’s election as Osun State governor.
In a unanimous ruling delivered by Justice Mohammed Lawal, the appellate court determined that Adeleke’s appeal, which he filed to contest the nullification of his election by the Tribunal, was meritorious.
Delivering judgment in the appeal filed by Adeleke, a three-member panel of justices held that the election tribunal erred when it ruled that the first and second respondents (Gboyega Oyetola and the APC) proved their allegation of over-voting.
According to the judges, Adeleke is the state’s duly elected governor.
Regarding forgery, the judgment stated that the tribunal is obliged to take cognisance of the decision that exonerated Adeleke of forgery and resolved the case against the respondent.
The judgement thereby set aside the tribunal judgment and awarded a cost of N500,000 against Oyetola and the APC.
The Osun Governorship Election Petition Tribunal had earlier ruled in favour of Oyetola on January 27.
Two out of the three-member panel held that Oyetola was able to prove that there was over-voting in some of the polling units during the gubernatorial poll.
Adeleke rejected the judgment, describing it as a miscarriage of justice and an unfair interpretation against the will of the majority of voters.
Adeleke headed to court and prayed to the appellate court for “an order setting aside the whole decision of the tribunal”.
He also sought an order “striking out the petition for want of competence and jurisdiction or, in the alternative, an order dismissing the petition on the merit”.