Oyetola files 39-ground notice to upturn Osun tribunal’s ruling.
Governor Adegboyega Oyetola has filed a 39-ground notice at the Court of Appeal, Abuja to upturn the March 22, 2019 ruling of the Osun governorship petitions tribunal nullifying his victory at September 22 and 27, 2018 polls in the state.
The All Progressives Congress (APC) candidate was returned with 255,505 votes against the 255,023 ballots polled by his Peoples Democratic Party (PDP) rival, Senator Ademola Adeleke.
But in a split decision of two to one, the tribunal voided Oyetola’s triumph and declared the PDP standard-bearer as the winner of the exercise before asking the Independent National Electoral Commission (INEC) to issue him a certificate of return.
Justices Peter Obiora and Anyinla Gbolagunte ruled against the governor, nullifying the September 27 supplementary election while the panel chair, Justice Ibrahim Sirajo dissented, dismissing Adeleke’s petition for lack of merit.
In the notice of appeal filed by his team of lawyers led by Wole Olanipekun (SAN), Oyetola faulted the judgment on the grounds that it was “perverse, replete with contradictions and not supported by evidence led by the petitioners.”
He prayed the court to uphold his appeal, set aside the ruling and dismiss the October 16, 2018 petition by the PDP and Adeleke.
The governor’s complaint in the appeal was against the entire majority judgment, except where the tribunal held that it lacked jurisdiction to set aside INEC guidelines and other parts of the judgment where the panel agreed with their arguments.
Oyetola is contending in his first ground of appeal that the entire majority judgment “is a nullity because it was written and delivered by Justice Obiora who did not participate in all the proceedings of the tribunal and who was not present when all the witnesses gave evidence.”