The Court of Appeal sitting in Abuja affirmed the election of Senator Ademola Adeleke of the Peoples Democratic Party (PDP) as the Governor of Osun State, dismissing the allegation of over-voting, the basis upon which the election tribunal anchored its decision nullifying Adeleke’s victory in the State governorship election.
Penpushing reports that the three-member panel of the appellate court led by Justice Mohammed Shuaibu on Friday unanimously overturned the earlier decision of the election petition tribunal which nullified Adeleke’s victory earlier in January.
The Court of Appeal while upholding Adeleke’s victory held that the tribunal was wrong to reach the conclusion that there was over-voting during the state governorship election held on 16 July 2022, adding that the burden of proving the allegations of over-voting lies squarely with the respondents ( Oyetola and the All Progressives Congress)
‘The burden of proving the allegations of over-voting lies squarely with the respondents (Mr Oyetola and the APC). It is inconceivable to assume that the testimonies of the respondents’ witnesses had any probative value,” the appellate court held.
Penpushing further reports that the Court of Appeal pointed out that Oyetola and the All Progressives Congress ( APC} did not tender the voters’ registers and Bimodal Voters Accreditation System (BVAS machines which captured data of eligible voters at the Osun State Governorship election.
The court therefore, held that the foundation of what transpired at the polling units would only be established by the evidence that is contained in the voter register and Bimodal Voters Accreditation System (BVAS) machines.
Penpushing also reports that it is recalled that the immediate-past Governor of the state, Adegboyega Oyetola, who came second in the 16 July 2022 election had filed a petition challenging Adeleke’s victory.
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