Osun: Oyetola, Adeleke, others know fate today
The tribunal had, in the majority judgment given by two of its three members, upheld the petition by the People’s Democratic Party and its candidate in the governorship election held in the state on September 22 and 27, 2018, Senator Ademola Adeleke.
They equally urged the court to dismiss the cross-appeal filed by Adeleke, on the grounds that it is unmeritorious. Olanipekun, who said he and some named senior lawyers were at the tribunal on February 6, 2019, faulted the argument by lawyer to Adeleke and the PDP that it was not clear from the record of proceedings, whether or not Justice Obiorah was absent on the particular day.
He argued that the tribunal went beyond its powers by annulling results in the 17 polling units to justify the judgement it gave in favour of the petitioners. Olujinmi accused the tribunal of exceeding its jurisdiction when it engaged in amending the petitioners’ reliefs to make them grantable.“On realising that the reliefs could not be granted, they amended the reliefs and granted it by themselves.
“The tribunal relied on certified true copy of Form EC8A, which they said were dumped on the tribunal. This was what they still relied on to nullify results in the polling units in which they said malpractices were proved.The so called non-complaince did not affect the result of the election,” Olujinmi said.
Citing Section 134 of the Electoral Act,Ali argued that non-compliance means not compliant with the provision of the Act, not an act of omission on the part of INEC officials, which is not contrary to the provision of the Act. Lawyer to Adeleke and the PDP, Onyechi Ikpeazu , faulted the three appeals and the arguments proffered by Olanipekun, Olujinmi and Ali.
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