Senator Ademola Adeleke of the Peoples Democratic Party (PDP) has lost out at the Supreme Court in his suit challenging the declaration of Gboyega Oyetola as governor of Osun State.
The apex court on Friday upheld the judgment by an Appeal Court in Abuja which had similarly declared Governor Oyetola of the All Progressives Congress (APC) as winner of the governorship election, reports Daily Post.
Rhodes-Vivour while reading the judgement, observed that justice Peter Obiora did not sign a record to indicate that he was present at the tribunal on February 6
The court however read a list of authorities to show the consequences of Mr Obiora failing to sit on February sit at the tribunal.
“A complaint that one of the judges did not sit and proceeded to deliver judgement is a serious matter. Failure of Obiora J to sit of February 6 rendered the proceedings of that day a nullity and the entire judgement a nullity. It is a fundamental error. The absence of Obiora J to sit on that day made it impossible for the tribunal to render any judgement in the matter”, the court ruled.
Four of the seven Justices of the apex court, sat to deliver the judgement, with Justice Rhodes Vivour presiding, as there was majority judgment of 5 and 2 judges, Kumai Akaas and Paul Galinje, disagreed with the ruling that affirmed Mr Oyetola’s victory the in September 2018 election.
Justice Akaas accused INEC of rigging the polls during the rerun, while Justice Galinje argued that the courts should have given attention to the controversy over the rerun polls.
Mr Akaas said INEC had no cogent reason to have conducted a rerun in the first place.
“INEC is supposed to be an umpire not a partisan group. For INEC to have pronounced the election inconclusive showed that it had something up its sleaves. And it achieved that through the rerun.”