23/03/2019
Dissenting Judgment Dismissed Adeleke Petition
Oyetola Administration Still Legitimate –Osun Govt
The Chairman of the election petition tribunal on the September 22 governorship election, Justice Ibrahim Sirajo has dismissed the petition filed by the Peoples Democratic Party (PDP) and its governorship candidate, Senator Ademole Adeleke against the declaration of Governor Gboyega Oyetola as the winner of the election by the Independent National Electoral Commission (INEC).
Justice Sirajo is his dissecting judgment against two other members of the tribunal who declared Adeleke as the winner of the election, disagreed on the issue on non-compliance and the nullification of the rerun.
The Chairman held that the returning officer on the governorship election properly ordered rerun election, adding that the rerun election held on September 27 was in order.
The Chairman held that there is no credible evidence on non compliance by the petitioners, just as he said the petitioners did not consider Section 40(2) of Electoral Act.
According to Justice Sirajo, all the petitioners witnesses in the 23 unit said that they don’t have problem with the result of the parties, adding that it has not been shown that there was overvoting.
Justice Sirajo said 90% of processes in the polling units were complied with, and that non recording of the columns has not been shown to amount to substantial non-compliance and has not been shown to affect the result of the election.
He submitted that by Section 140(2) of the Electoral Act does not permit the Tribunal to deduct votes and declare a winner.
Justice Sirajo thereafter dismissed the petition of the PDP and Adeleke.
Speaking after the judgment, lead counsel of Oyetola at the tribunal, Chief Wole Olanipekun said the judgment would be appealed.
In same reaction, the state government of Osun has assured the people that the judgment of the election tribunal has been put on appeal.
A statement by the Secretary to the State Government of the state, Mr Wole Oyebamiji on Friday reads: “The Government of the State of Osun wishes to appreciate the teeming support of the majority of the people in all things essential for mutual progress.
“As it is, the administration of His Excellency, Mr. Adegboyega Oyetola, Governor, State of Osun wishes to assure the people that the judgment of the Election Tribunal has been put on appeal.
“This is to further assure all the residents of the State of adequate security of lives and properties, as the Government of the State is still the only legitimate Government having the authority to govern the State.”
“We assure all our people that justice will prevail at last, and the law enforcement agencies have been instructed to maintain law and order across the State.
“We therefore urge all the residents of the State to go about their lawful duties without any hindrance.
