The Supreme Court on Friday dismissed the appeal filed by the candidate of the Peoples Democratic Party (PDP) in the last governorship election in Osun State, Senator Ademola Adeleke.
In a majority decision of five to two which was read by Justice Olabode Rodes-Vivour, the apex court held that the failure of a member of the Election Tribunal, Justice Peter Obiora to sit on February 6, 2019 rendered the entire proceedings and the judgment given by the tribunal a nullity.
The Acting Chief Justice of Nigeria, Justice Tanko Muhammad and three other judges, Kudirat Kekere-Ekun, Aminu Sanusi and Uwani Abba-Aji consented to the majority judgment.
Justices Kumai Akaahs and Paul Galinje affirmed Adeleke as the winner of the September 2018 poll, holding that the conclusion that Justice Obiora did not participate in the February 6 proceedings of the tribunal was based on mere conjecture or at best ‘a well-articulated speculation”.
The court therefore endorsed the majority judgment of the Court of Appeal which upheld the victory of the candidate of the All Progressives Congress (APC), Adegboyega Oyetola as the duly elected Governor of the state.
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