The Independent National Electoral Commission (INEC) has appealed the judgment which sacked Ademola Adeleke as governor of Osun state.
Adeleke was sack by the Osun governorship election petition tribunal which gave judgment in favour of the former governor of the state, Gboyega Oyetola.
In the judgment delivered on January 27, two out of the three-member panel of the tribunal held that Oyetola was able to prove that there was over-voting in some of the polling units.
In a notice of appeal filed on Wednesday, INEC listed 44 grounds on which the tribunal judgment should be set aside.
TheCable reports that among several issues, INEC is contending that the tribunal failed to consider its preliminary objection before going ahead to determine the substance of the petition.
The electoral commission also noted that there was no majority judgment as the second judge on the panel, Rabi Bashir, failed to write her own opinion as required by section 294(2) of the constitution.
They are praying the court for “an order dismissing and/or striking out the petition for want of competence and jurisdiction”.
INEC is also seeking an order “dismissing the petition of the 1st and 2nd respondents in this appeal as lacking in merit with substantial cost”.
Meanwhile, the Peoples Democratic Party (PDP), in a statement by Akindele Adekunle, its caretaker chairperson in Osun, has commended the commission for appealing the judgment.
“INEC has toed the right path by appealing the ‘Buga judgment’ because if such is sustained, what will happen will be candidates who lost elections manipulating server reports and presenting same to a judge to steal the election from the actual winner,” Adekunle said.
Credit: TheCable
