[BREAKING] Osun Election: Tribunal Strikes Out APC's Oyetola, INEC Objections Against Adeleke

Tribunal Sacks Osun Governor declared supplementary election illegal

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Alex Enumah in Abuja

The Osun State Election Petition Tribunal sitting in Abuja on Friday, nullified the election of the Governor of Osun State, Gboyega Oyetola, and ordered the Independent National Electoral Commission (INEC) to immediately withdraw the Certificate of Return earlier issued to him as winner of the September 22, Governorship Election.

The tribunal held that the Peoples Democratic Party (PDP) candidate, Adeleke, scored the lawful majority votes at the election contrary to the declaration by INEC.

The tribunal in declaring Ademola Adeleke as winner of the election, also ordered that a fresh Certificate of Return be issued to Adeleke immediately.

The three man panel led by Justice Ibrahim Sirajo, held that the returning officer, ought not to have cancelled the election in the first place as he lacks the Constitutional powers to do so.

The tribunal held that the supplementary election was a product of an illegal cancellation of the results in the seven polling units during the September 22, 2018 main election.


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Ruling on applications filed by both APC and OLETOLA for the Petition to be struck out and dismissed or strike out some offensive paragraphs in the Petition on 34 grounds that it lacked merit, and that the Petitioner did not comply with the Electoral Act, that the Tribunal lacked jurisdiction to hear the Petition etc ... DECISION....THE TRIBUNAL RULE THUS:
1.The Petioner complied with the electoral act.
2. The application to strike out paragraphs in the Petition cannot hold.
3. The Petitioner did not file out of time as the cause of action for the petiton did not crystallize until after the rerun election and therefore the 21days starts to count from there after.
4. The Petitioner therefore has the right to file the petition.
5. The non mention of other parties that participated in the election does not amount to any infraction as the Petition can only be filed against the declared and returned party, ground 3 of the application is hereby struck out.