The Independent National Electoral Commission (INEC) has
appealed the judgment which sacked Ademola Adeleke as governor of Osun state.
Recall that the Osun governorship election
petition tribunal ruled in favour of Gboyega Oyetola, former governor of the
state.
Delivering judgment on January 27, two out of the
three-member panel of the tribunal held that Oyetola was able to prove that
there was over-voting in some of the polling units.
In a notice of appeal filed on Wednesday, INEC listed 44
grounds on which the tribunal judgment should be set aside.
Among several issues, INEC is contending that the tribunal
failed to consider its preliminary objection before going ahead to determine
the substance of the petition.
The electoral commission also noted that there was no
majority judgment as the second judge on the panel, Rabi Bashir, failed to
write her opinion as required by section 294(2) of the constitution.
They are praying the court for “an order dismissing and/or
striking out the petition for want of competence and jurisdiction”.
INEC is also seeking an order “dismissing the petition of
the 1st and 2nd respondents in this appeal as lacking in merit with substantial
cost”.
Meanwhile, the Osun state chapter of the PDP, in a statement
by Akindele Adekunle, its caretaker chairperson, has commended the commission
for appealing the judgment.
“INEC has toed the right path by appealing the ‘Buga
judgment’ because if such is sustained, what will happen will be candidates who
lost elections manipulating server reports and presenting same to a judge to
steal the election from the actual winner,” Adekunle said.
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