The Court of Appeal on Thursday in Abuja nullified the triumph of Ademola Adeleke at the Osun State governorship election petition tribunal.
The appellate court also set aside the judgement of the tribunal of March 22, which declared Mr. Adeleke winner of the election.
This occurred after the appeal filed by the Governor of Osun State, Gboyega Oyetola, challenging the declaration of Ademola Adeleke as the duly elected governor by the state election petition tribunal.
The judgement was delivered by a five-member panel of the appeal court led by Jummai Sankey along with three members of the panel in agreement with the lead judgement.
The three judges in agreement with the lead judgement read by Jummai Sankey are Abubakar Yahaya, Isaiah Akeju, and Bitrus Sanga while George Mbaba, a panel member gave a dissenting judgement.
Mr. Oyetola was declared winner by the Independent National Electoral Commission (INEC) after a supplementary poll but the tribunal stated that Mr. Adeleke won the election at the first ballot.
Mr. Oyetola whose appeal was first heard by the court of appeal drew the attention of the court to the February 6 proceedings in which Mr. Obiorah was absent at the tribunal and did not sign the proceeding of that day.
He however faulted the judgment as unknown to the law because Justice Peter Obiorah who prepared and read the lead judgement did not participate fully during the hearing of the petition
Meanwhile the appellant argued that what Mr. Obiorah did amounted to judicial hear-say because the proceeding of February 6 when he was not in court was profusely copied in his lead judgement.
Mr. Oyetola insisted that judicial hearsay has no place in law and requested that the appeal court nullify the judgement, allow the appeal and uphold the governorship election.
Mr. Mbaba in his dissenting judgment disagreed that Justice Obiora did not attend the proceedings of February 6 stating that the allegation that Justice Obiora did not sit is a well-articulated speculation.
He therefore dismissed the appeal and awarded a cost of N200, 000 against the appellant (Mr. Oyetola).
