Politics: Sen. Adeleke Has no case - Court says

The Court of Appeal sitting in Abuja has set aside the judgement of the Osun State Governorship Election Tribunal which nullified the victory of Governor Gboyega Oyetola.
Justice Jummai Sankey who read the lead judgment of the appellate court, said it was wrong for a member of the tribunal panel, Justice Peter Obiora, who did not attend the entire proceedings of the tribunal, to deliver the majority judgment that sacked Oyetola from office. The court noted that the 180 days allowed by the constitution for hearing of governorship election petition cases had elapsed.
According to her, the petitioner did not prove beyond reasonable doubt that there was substantial non-compliance to the Electoral Act by the absence of the ballot paper records.

The judge, therefore, set aside the judgment of the Osun State Governorship Election Tribunal delivered on March 22, returning Senator Ademola Adeleke as the governor of Osun State.
She made no order as to cost.

The judgement was upheld by four of the five justices of the panel.
While there were four majority judgements upholding the appeal of Governor Oyetola, while Justice George Mbanmba gave a dissenting judgement.

The majority judgment was on the ground that the lead judgment of the Tribunal was delivered by Justice Peter Obiora who did not participate fully in the proceedings of the Tribunal.
However, Justice Mbanmba said the allegation that Justice Obiora did not attend all the sessions of the Tribunal was a mere hear say.

He explained that the records of court indicated that the judge did participate in the hearing because he signed at the beginnings of the days’ proceedings.
Justice Mbanmba, thereafter, dismissed Governor Oyetola’s appeal with a cost of N200,000 against the appellant.

The appeal court also upheld the appeal filed by the All Progressive Congress (APC) on the same issues in a four to one majority judgement with a dissenting judgment from Justice Mbamba who maintained the same position.

In the lead judgment, Justice Datti Yahaya settled the appeal in favour of the APC and was supported by four of the five-man panel.

But Justice Mbamba held that parties with common interest should file a joint appeal, noting that filing separate appeals was an abuse of court process which adds to the work of the appeal court.