08/05/2023
Osun Guber: Supreme court delivers judgement Tuesday
The Supreme Court, on Monday, reserved judgment in an appeal filed by Mr. Adegboyega Oyetola of the All Progressives Congress, APC, against a judgment of the Appeal court, which upheld the election of Senator Ademola Adeleke as governor of Osun.
The five-member panel led by Justice John Iyang Okoro, after listening to counsel to Oyetola, Lateef Fagbemi, SAN, Adeleke, Oyeachi Ikpeazu, SAN and Alex Iziyon, SAN, who appeared for the PDP, said judgment would be delivered on Tuesday, by 2pm.
Other members of the panel are: Justices M. Lawal Garba, Tijjani Abubakar, Adamu Ojauro and Akomaye Agim.
However, the Independent National Electoral Commission, INEC, represented by Prof. Paul Ananaba, SAN, did not file any process in the appeal being decided following the decision of the court and that of the counsel to consolidate all the appeal into one.
Attempt by Prof. Ananaba to offer explanation equally met a brick wall as the learned Justices requested him to take his seat to allow Ikpeazu make his submissions.
Ikpeazu contend that a voters register was a requirement to prove over-voting in the present circumstance.
In his adumbration, Fagbemi, SAN submitted that the Appeal court relied heavily on the old Electoral Act, specifically that of 2010 to draw its conclusion that a voter register was needed to prove over-voting.
Making reference to section 51 of the 2022 electoral Act, which was used to conduct the Osun July 16 governorship election, Fagbemi, SAN noted that one does need a voter register to establish over-voting.
Section 51 (2) of the Act stipulates that “Where the number of votes cast at an election in any polling unit exceeds the number of accredited voters in that polling unit, the presiding officer shall cancel the result of the election in that polling unit.”
He equally made reference to Section 47 (2) of the Electoral Act 2022.
©Nigerian News Update