The Supreme Court has dismissed the appeal filed by the
Peoples Democratic Party (PDP) and its governorship candidate in the September
2018 election in Osun State, Ademola Adeleke, challenging the election of
Governor Adegboyega Oyetola of the All Progressives Congress.
The apex court in a split decision of five to two members of
the panel, on Friday, agreed substantially with the Court of Appeal which ruled
that a majority judgment delivered at the tribunal was a nullity.
The court said the judge who had read the majority judgment
at the tribunal, Peter Obiora, was evidently absent on February 6th, 2019,
following the documents before the court.
It agreed with the appeal court that the absence of Justice
Obiora when a key witness in the petition was heard has rendered the judgment
of the trial tribunal a nullity. And that the failure of Mr Obiora to be
present on that day meant that the tribunal lacked the authorities to have
given any judgment on the matter.
Justice Bode Rhodes- Vivour who delivered the majority
judgment supported by five of the seven-justice of the Apex court panel held
that it is settled law that when the rightly constituted panel of a court does
not seat the activities carried out by that panel is a nullity.
The Acting Chief Justice of Nigeria, Justice Tanko Muhammad
and three other members consented to the lead majority judgment.
But Justice Kumai Akaahs and Justice Paul Galinje affirmed
PDP as the winner of the poll.
Justice Akaahs in his minority judgment held that the
Independent National Electoral Commission (INEC) in an election ought to remain
an unbias umpire because even when it erred in law by relying on it’s manual to
cancel some aspect of the election, the applicant still met the constitutional
requirements of having the highest votes cast and spread. But the Election
umpire went ahead to cancel the election and carried out a rerun showing that
INEC had a plan up its sleeves.
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