INEC appeals Osun election tribunal judgment

Independent National Electoral Commission (INEC) has appealed the judgment of the Justice T. A. Kume-led Election Petition Tribunal in Osun State on 44 grounds.

INEC filed the petition, yesterday, at the Court of Appeal in Akure, through its lawyer, Paul Ananaba, a Senior Advocate of Nigeria. The electoral body said the tribunal erred in law by failing to consider and rule on the various preliminary objections filed by the first respondent challenging the competency of the petition and jurisdiction of the tribunal to hear the petition but proceeded to determine the merit of the petition.

The petitioners, former Governor of Osun State, Adegboyega Oyetola, and his party, All Progressives Congress (APC), faulted declaration of the candidate of Peoples Democratic Party (PDP), Ademola Adeleke, on July 17, 2022 by the electoral body as the winner of the July 16 governorship election in the state.

Oyetola said APC premised its petition with reference number, EPT/OS/GOV/01/2022, on Adeleke’s eligibility to contest and over-voting. And the tribunal, on January 27, 2023, declared Oyetola as the validly elected governor of the state.

The appellant said the tribunal totally misconstrued Section 47(2) of the Electoral Act 2022, which must be read purposefully, communally and holistically, to arrive at the true intention of the legislature and justice.

INEC sought an order of the Appeal Court to set aside the whole decision of the trial tribunal and dismiss and/or strike out the petition for want of competence and jurisdiction.