– Hon Justice T.A Kume, Chairman, Osun State Governorship Election Petition while delivering judgement on Friday, January 27, 2023
After barely sixty days at the helm of affairs as governor of Osun State, the Election Petition Tribunal sitting in Osogbo has nullified the election of Governor Ademola Adeleke. He is the second Osun governor to have had his election nullified. The first was former Governor Olagunsoye Oyinlola of the Peoples Democratic Party whose election was nullified by the Court of Appeal sitting in Ibadan on November 26, 2010.
In a split decision of 2:1, the Hon. Justice T.A. Kume-led Osun State Governorship Election Petition Tribunal reversed the results of the July 16, 2022 governorship election and declared Gboyega Oyetola as the winner of the election. The tribunal directed the Independent National Electoral Commission to withdraw the certificate of return issued to Ademola Adeleke and his deputy, Kola Adewusi of the Peoples Democratic Party, both of whom had been sworn in.
I have perused the majority judgement which nullified the election of Adeleke and I dare say, it was sound in law and logic. But before I come to the reason for my position, let me first say that the Nigerian judiciary now holds the aces regarding our elections, particularly in this Fourth Republic which began in 1999.
Recall that starting with the election of former Governor Peter Obi in the 2003 Anambra State governorship poll, the election tribunal nullified the victory of Governor Chris Ngige and declared Obi winner after over three years of legal fireworks. Since then, governorship elections in a total of eight states namely, Anambra, Bayelsa, Kogi, Osun, Ekiti, Ondo, Edo, and Imo have had to be held on separate days from that of general elections.
Why was Adeleke’s victory annulled? It was because of over-voting in 744 polling units. It is interesting to note that as a result of the 2022 Electoral Act, the rules of the game have changed drastically and substantially.
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