In Nigeria, an Appeal Court in Nigeria has reversed a judgment by an election tribunal that nullified the victory of Governor Ademola Adeleke in the Osun governorship election.
The tribunal in January, held that the governorship election was characterized by over-voting, adding that after deducting the excessive votes, Oyetola’s figures rose to 314, 921, while Adeleke’s came down to 290, 266.
The court held that the judgment on the matter will be given at a later date as a three-member panel led by Justice Mohammed Shuaibu takes the arguments and adopts the briefs of all parties in the suit.
Onyechi Ikpeazu, Counsel to Adeleke, today asserted that a member of the panel, who is also a chief magistrate, did not voice her opinion during the delivery of the judgment. Her only contribution was her signature, and the constitution requires her to have stated her views on the case.
Counsel to Mr. Oyetola, Lateef Fagbemi, argued that mere signing of the judgment, and not making any comment afterward does not make the judgment invalid. He maintained that the case of over-voting exceeded 6 polling units as claimed by the Appellant, adding that the anomaly was experienced in 744 polling units across the state.
Fagbemi further stressed that the findings of over-voting were obtained from the back-end server of INEC.
Governor Adeleke’s counsel, Onyechi Ikpeazu held that results stored in the backend server, are inconsistent and unreliable as they can be affected by internet connectivity and the battery life of the Bvas used to upload the result.
He maintained that after conducting a physical examination on the Bvas, it showed that overvoting occurred in just six polling units, and not 744 as claimed by the Counsel to Oyetola.
The case can be challenged till the highest legal stage in Nigeria at the apex court.
The 2023 gubernatorial elections which will be held in 31 states out of Nigerian 36 states will now hold on Saturday, March 18, 2023. Osun state is one of the states with a staggered calendar like in Imo State, Kogi State, and Bayelsa State elections where the election will be held on 11 November.
The last regular gubernatorial elections for all states were in 2019.