The Independent National Electoral Commission (INEC) has challenged the Court of Appeal to reverse the judgement of the Osun Governorship Election Petition Tribunal which nullified the declaration of Ademola Adeleke as the winner of the 16 July Governorship election.
Penpushing reports that in a certified true copy of the notice of appeal dated 8 February, 2023 which was signed by its counsel, Paul Ananaba, the electoral body argued that the judgement contained an error in law
The reliefs sought by Independent National Electoral Commission (INEC) from the court are: Allow the Appeal; An order setting aside the whole decision of the trial Tribunal; an Order dismissing and/or striking out the Petition for want of competence and jurisdiction; and an Order dismissing the petition of the 1 and 2nd Respondents
Penpushing further reports that in it, Independent National Electoral Commission (INEC) is asking the appellate court to set the whole decision of the tribunal aside and order the dismissal of the petition for want of competence and jurisdiction.
The appellant in the notice also requested the court to dismiss the petition because it lacks merit with substantial cost, and that the judgement of the lower tribunal is against the weight of evidence
Penpushing reports that it is recalled that the tribunal, in the majority judgement read by its chairperson, Justice Tertsea Kume, ordered electoral body to withdraw the certificate of return from Adeleke and issue it to former Governor Gboyega Oyetola, adding that evidence before it showed that the election was not held in compliance with the 2022 Electoral Act.
The Caretaker Chairman of the Peoples Democratic Party (PDP) in Osun State, Akindele Adekunle, in statement commended the Independent National Electoral Commission (INEC) for appealing the judgement.
“It is so bad that the lies that INEC will not appeal the scandalous judgement that tried to discredit BVAS machines in our elections emanated from APC lawyers, making it clear that they know the evil they perpetrated at the Tribunal cannot stand,” he added.
‘While the falsehood lasted, we chose not to respond because we are convinced that INEC knows better and being aware of the implication of ignoring the attack on the BVAS machines as the decision of Justice Kume did at the Tribunal, 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 will manipulate server reports and presenting same to a judge to steal the election from the actual winner.”
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