The court of appeal sitting in Abuja has reinstated Ademola Adeleke as the governor of Osun state.

Delivering judgment in the appeal filed by Adeleke on Friday, a three-member panel of justices held that the election tribunal erred when it ruled that the 1st and 2nd respondents (Gboyega Oyetola and the All Progressives Congress) proved their allegation of over-voting.

According to the panel of judges which issued its verdict on Friday, Adeleke is the duly elected governor of the state.

The Osun governorship election tribunal, in January, held that Oyetola was able to prove that there was over-voting in some of the polling units.

Consequently, the majority judgment of the tribunal ordered INEC to withdraw the certificate of return issued to Adeleke and issue a fresh one to Oyetola as the duly elected governor of Osun.

Dissatisfied with the ruling, Adeleke appealed the judgment at the court of appeal.

Tribunal judgment valid based on co-signing.

Tribunal ruled against on the appellant preliminary objections

Payment for CTC after receipt of same valid

Issue 4: The issue of forgery has been settled by the Court of Appeal. The Tribunal was wrong to have held forgery against Adeleke.

Adeleke did not forge

Server report is not the physical evidence of accreditation..Court of Appeal held.

Voters register is intrinsically part of accreditation. Section 137 of the Electoral Act, only lightens the burden of the petitioner not to totally remove the burden. To prove overvoting, voters register must be tendered.

Issue 5 & 7
Preference for server report over BVAS machine report by the tribunal. Tribunal erred, rules in favour of the appellant.

The Tribunal only relied on the table presented by the petitioner at the tribunal which was not backed by any evidence.

Use of ‘go lo lo lo buga’ by the Tribunal Chairman is unwarranted and stands condemnable but does not cast aspersions on the credibility of the judgement.

vacanci:
Its very hard to prove over voting in court of Nigeria