Osun guber: Senator Adeleke files notice of Appeal at S/Court

The governorship candidate of the Peoples Democratic Party (PDP) in the 2018 governorship  election in Osun state, Senator Ademola Adeleke has filed a notice of appeal at the Supreme Court against the decision of the Court of Appeal, Abuja Division, which set aside the decision of the State Election Petition Tribuna, which sat in Abuja.

Adeleke, in his appeal, is praying the apex court to set aside the ruling of the appeal court and uphold the decision of the Tribunal, which declared him as the validly elected governor of Osun state.

Osun state Election Petition Tribunal had ruled that Senator Adeleke was the rightful winner of the 2018 governorship election, having satisfied the constitutional requirements of majority votes and spread across the local government areas of the state.

The tribunal also nullified the rerun election of September 27,2018.

The Appeal Court had reversed the ruling, nullifying the decisions of the tribunal and reinstating Gboyega Oyetola as the winner of the said election.

Dr Onyeachi Ikpeazu (SAN) leading six other Senior Advocates of Nigeria and 17 other senior counsels had however this week filed four appeals against each of the four majority judgements of the Court of Appeal.

The appeals were against majority judgement in favour of Gboyega Oyetola, All Progressives Congres (APC), the Independent National Electoral Commission (INEC) and the striking out of the cross-appeals, filed by  Adeleke.

The first appeal was against the majority lead judgement delivered by Justice Jummai Sankey, which was premised on 13 grounds, where-in Adeleke wants the Supreme Court to set aside the judgement of the Appeal Court delivered in favour of Oyetola and dismiss Oyetola’s appeal against the decision of the Tribunal.

The second appeal is against the judgement delivered in favour of the APC, premised on 31 grounds of appeal where Senator Adeleke listed particulars of errors committed by the appellate court and sought the following reliefs from the Supreme court:  “To aside the decision of the appeal court and dismiss the appeal of the respondent against the judgement of the tribunal”.

The third judgement appealed against was the ruling in favour of INEC, it is based on 17 grounds, which Adeleke listed particulars of errors committed by the judges of Appeal Court and prays for an order of the Supreme Court setting aside judgement of Court of Appeal and restoring the judgement of tribunal delivered on  the 22ndof March.

The fourth judgement appealed against was that against the cross Appeal based on 13 grounds praying also for the setting aside decision of lower court which dismissed the appeal, an order granting reliefs sought in appellate case in the Cross Appeal, an order restoring the paragraphs struck out from appellate replies to the 2nd and 3rd respondents replies and a declaration that the appellant’s won the election in issue by a wider margin than what was found by the lower tribunal in view of the substantial non compliance with the electoral act 2010 as amended.

“A declaration that the rerun of 27th was null and void and of no effect as the appellant had already won the election in issue upon conclusion of the 22nd September election”