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The Abuja Division of the Court of Appeal has nullified the judgment of the Osun State Governorship Election Petition Tribunal which had declared the Peoples Democratic Party and its candidate, Senator Ademola Adeleke, as the winner of the September 2018 poll.
In a dissenting judgment of four-to-one, the five-man panel led by Justice Jummai Sankey, the Court of Appeal upheld the appeal filed by Governor Adegboyega Oyetola of Osun State challenging the verdict of the tribunal and affirmed him as duly elected
The Court of Appeal’s majority judgment was primarily anchored on the alleged absence of a member of the tribunal, Justice Peter Obiorah, who read the lead majority verdict of the tribunal, during the February 6, 2018 proceedings of the tribunal.
Justice Sankey held that absence of Justice Obiorah on that date nullified the entire proceedings and the verdict of the tribunal.
Three other members of the panel, Justices Abubakar Yahaya, Isaiah Akeju, and Bitrus Sanga, agreed with Justice Sankey.
But a member of the panel, Justice George Mbaba, dissented from the majority judgment, holding that the alleged absence of Justice Obiorah from the February 6, 2018 proceedings of the tribunal was mere speculation.
Dissatisfied with the result declared by INEC, the PDP and Adeleke had filed their petition before the three-man Osun State Governorship Election Petition Tribunal, contending that they were the true winner of the election as they had already won after the September 22, 2018 poll and that there was no need for the supplementary election held on September 27, 2018
