Adeleke: Why Appeal Court Set Aside Election Tribunal’s Judgement in Osun

After every election, there are always interesting times coupled with court cases. Osun state, popular with gubernatorial court merry-go-round, is in another legal war.

But why did the federal court of Appeal set aside the election tribunal judgement that pronounced Gboyega Oyetola the winner of the gubernatorial election in the state?

The Court of Appeal did not only set aside the tribunal judgement that nullified the election of Ademola Adeleke as governor of Osun State but also held that the sum of N500,000 should be awarded as a cost against the All Progressive Congress and its candidate, Gboyega Oyetola.

In a unanimous decision by a three-member panel of justices led by Justice Mohammed Lawal, the appellate court held that the preponderance of proof that there was over-voting in the elections rested on the petitioner.

In other words, it means that Gboyega Oyetola and the APC are also guilty of what they accused Governor Adeleke of.

Additionally, the court agreed that “the party alleging non-compliance with the electoral act must prove its case without merely relying on the weakness of the other party.”

This means that what the APC relied on was not strong enough to validate the allegation.

AllNewsNigeria threw the results of the ruling to some Osun state residents, and many of them have divergent opinions on the judgement.

Muiz Adegbenro, a civil servant, told AlNews Nigeria that Governor Ademola Adeleke deservedly won the seat because his party floored APC at the state's recently held House of Assembly election.

“To me, the appeal court has just done the right thing.

"Had the APC triumphed at the House of Assembly election, it would have been logical to prove that there were irregularities in the gubernatorial election”, he said.

Another individual, Johnson Moses said the fact that the appeal court did not counter Oyetola’s proof means there is still a long way to go in the judgement. 

“I won’t be surprised if the APC triumphs at the Supreme Court.

"I am sure politicians hardly quit. They will test their waters at the Supreme Court."

Jemila Adediran raised an interesting point when she asked if the court of appeal could substantiate the election and what the tribunal was doing or thinking.

“I am concerned about how Nigeria’s justice system works.

"We need to relate this to other law debacles in the country, especially when it concerns Nigerians without the resources to approach appellate courts.

"Our justice system needs to be holistic and not give room for loopholes”, she added.