- Security tightened in state capital
The Supreme Court has scheduled judgment for 2pm today in the appeal by former Osun State Governor, Adegboyega Oyetola, against the election of Governor Ademola Adeleke.
Oyetola is seeking the reversal of the March 25 Court of Appeal judgment which affirmed Adeleke’s victory in the last governorship election.
The Appeal Court set aside an earlier judgment by the Osun Governorship Election Petition Tribunal, which held in favour of Oyetola and sacked Adeleke.
A five-member panel of the Supreme Court, led by Justice John Okoro, announced the judgment time and date after taking arguments from lawyers to parties yesterday.
Lateef Fagbemi (SAN) represented Oyetola and his party, the All Progressives Congress (APC); Onyechi Ikpeazu (SAN) represented Adeleke; Alex Izinyon (SAN) represented Adeleke’s party, the Peoples Democratic Party (PDP), while Paul Ananaba (SAN) announced appearance for the Independent National Electoral Commission (INEC).
Fagbemi argued that the Court of Appeal relied on the old Electoral Act, specifically that of 2010, to conclude that a voter register was needed to prove over-voting. But citing Section 51 of the Electoral Act 2022, which was applied in the conduct of the July 16 governorship election, Fagbemi contended that a voter register was unnecessary to establish claims of over-voting.
Fagbemi also referred to Section 47 (2) of the Electoral Act 2022, and argued that the voter register had no role in establishing over-voting.
He added: “We are now in a new electoral dispensation that is expected to be upheld not only by INEC, but also by the court, as far as over-voting is concerned. It is also important to state that in any election you must not only win an election, but you must win in a manner prescribed by the law. I, therefore, urge your Lordships to allow the appeal.”
On the claim that Adeleke submitted forged credentials to INEC, Fagbemi urged the court to disregard a previous judgment which Adeleke’s lawyered claimed had resolved the issue.
Ikpeazu, in a counter-argument, faulted Fagbemi’s submissions, contending, among others, that a voter register was necessary to prove over-voting.
He urged the court to affirm the judgment of the Court of Appeal which upheld Adeleke’s return as the winner of the election.
Ikpeazu also prayed the court to dismiss appeal by Oyetola and the APC for being incompetent and lacking in merit, while Izinyon prayed the court to dismiss the appeal for being unmeritorious
Meanwhile, it was gathered that security operatives have been deployed to strategic locations in the state.
A source close to the Oyetola camp told the Nation that the former governor returned to Osogbo Monday night while the governor is Ede but hopeful of winning.