The tribunal annulled the election of Adeleke, candidate of the People’s Democratic Party (PDP), and declared that Oyetola, candidate of the ruling All Progressives Congress (APC) seeking a second term in office won the July 16 Osun governorship poll.
Justice Tetsea Kume, while delivering a majority decision declared that the Independent National Electoral Commission (INEC) did not comply substantially with the Constitution and the provisions of the Electoral Act.
He subsequently deducted the over-voting observed from the votes scored by the candidates and declared that Oyetola won the election, having polled 314, 921, while Adeleke’s score came down to 290, 266.
The judge directed INEC to withdraw Adeleke’s certificate of return and issued another one to Oyetola who won a majority of the lawful votes.
Why Adeleke Will Remain As Governor
The ruling of the Tribunal will however not translate to Adeleke vacating the office as he has stated that he would appeal the judgement.
Section 138 of the Electoral Act, 2022 provides that Adeleke shall remain in office for the period of 21 days within which he’s entitled to file an appeal against the judgement of the Tribunal.
If he chooses not to appeal, then he’s mandated to leave office after 21 days. However, where he files an appeal against the decision, he shall remain in office pending the determination of the appeal and shall enjoy all the benefits that accrue to the office.
Reacting to the Tribunal’s ruling in on Friday, Adeleke called the judgment a “misscarriage of judgment” and vowed to approach the appeal court.
He also charged his supporters in the state to remain calm.
“I want to use this opportunity to call on our people to remain calm. We will appeal the judgement and we are sure justice will be done. Let everyone be reassured that we will do everything possible to retain this widely acclaimed mandate. God bless Osun!
— Gov Ademola Adeleke (@AAdeleke_01)