Osun State Governor, Ademola Adeleke and the state chapter of the Peoples Democratic Party (PDP) have filed an appeal to challenge the decision of the Osun Governorship Election Petition Tribunal, pronouncing the immediate past governor of the state, Mr. Gboyega Oyetola as winner of the July 16 governorship election.
The Tribunal led by its Chairman, Tertsea Kume had directed the Independent National Electoral Commission (INEC) to withdraw the certificate of return from Mr Adeleke and issue it to former governor Gboyega Oyetola.
The chairman in its majority judgement said the evidence before its panel indicated that the election was characterized by over-votings in favor of Adeleke.
But, the electoral commission in a notice of appeal filed on Wednesday by its counsel, Paul Ananaba, argued that the majority judgement delivered by the tribunal chairman contained “error in law.”
However, in their separate notices of appeal, Adeleke and his party, PDP also argued that the tribunal judgement contained “error in law.”
The certified true copy of their notices of appeal, a copy which was obtained by our correspondent, are dated February 8th, 2023 and signed by their lead counsels, Onyechi Ikpeazu and Alex Iziyon respectively.
Adeleke, in his notice of appeal is asking the appellate court to set aside the whole decision of the tribunal and dismiss the petition for “want of competence and jurisdiction.”
The governor is also claiming that the petition challenging his victory at the governorship election lacked merit.
He raised 31 grounds of appeal in the notice.
The reliefs sought by Mr Adeleke are:
“An order allowing the appeal; an order setting aside the whole decision of the Tribunal; an order striking out the petition for want of competence and jurisdiction.
“In the alternative to; and an order dismissing the petition on the merit.”
In it’s own notice of appeal,the PDP is seeking the court to strike out the petition challenging victory of its candidate for “want of jurisdiction.”
The party is praying to the appellate court to affirm Mr Adeleke as duly elected governor of the state.
The PDP raised 43 grounds of appeal in the notice.
“The Judgement is against the weight of evidence,” the party said in the notice of appeal.
The reliefs sought by the PDP are:
“An order dismissing/striking out EPT/OS/GOV/01/2022 for want of jurisdiction.
“Allow the appeal and dismissing petition No. EPT/OS/GOV/01/2022 in its entirety.
“Affirming the 4th Respondent as the duly elected Governor of Osun State having won the majority votes cast and satisfying the constitutional requirement in the Osun State Governorship Election of 16th July, 2022.”
