Osun State Governor, Senator Ademola Adeleke, has declared his intention to appeal the judgment of the Election Petitions Tribunal that nullified his victory in the July 16, 2022 governorship poll in the state.
The All Progressives Congress and its candidate, Adegboyega Oyetola, had dragged Adeleke, the Peoples Democratic Party and the Independent National Electoral Commission before the tribunal to challenge the PDP candidate’s eligibility to contest the election.
He further held that the exhibits tendered by the respondents had not altered the position of regularity of exhibit BVR, being the BVAS report tendered by the petitioners and the other documents they laid before the panel. “Similarly, the exhibit tendered by the respondents after exhibit BVR submitted by learned counsel to the petitioners were thought of after the declaration of result on the 17th day of July, 2022.
“The data stored at the server in any of the said offices will be a resource material for investigation and possible prosecution of any infraction that may occur in the use of the BVAS in the polling units during the conduct of elections.” “The second respondent did not score a majority of lawful votes cast for the election. The declaration and return is hereby declared as null and void; the second respondent cannot ‘go low, low and buga won’ as the duly elected governor of Osun State in the election conducted on July 16, 2022.
But in a minority decision, a member of the panel, Justice A. Ogbuli, dismissed Oyetola’s petition, saying the primary source of data on Election Day, which were the BVAS machines, should have been relied on by the panel instead of BVAS reports brought by the petitioners. “The exhibit on RWC is in existence and was there on the machine on the date of election. Section 64 subsections 4,5 and 6 of the Electoral Act recognised BVAS machines as a key material to be used in collation of result and in resolution of any dispute arising there from.
In an address to the people of the state, Adeleke said the discrepancies mentioned by the tribunal chairman were tantamount to a “miscarriage of justice.”He stated, “My good people of Osun State, we have all heard the split judgment of the governorship election tribunal.
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