Osun election: Supreme Court dashes Oyetola’s return hope, affirms Adeleke’s victory
…God has proven He’s “owner and giver of power” – Adeleke
… Law governing our elections has truly brought power to the people — Atiku
…hails BVAS
The hope of the immediate past Governor of Osun State, Adegboyega Oyetola, who believed he would “soon return to power” with the hope that the Court would throw off the election of the sitting Governor, Ademola Adeleke, was finally dashed on Tuesday in the face of the verdict of the Supreme Court which affirmed the election of the later.
Oyetola of the All Progressives Congress (APC) had after leaving office following the inauguration of Adeleke as democratically elected Governor premised on his victory declared by the Independent National Electoral Commission (INEC) had expressed confidence that he was just aside for a short time affirming that he “would return” to seat of power, believing the Court would nullify the victory of Adeleke declared by INEC.
Although the Osun Governorship Election Petition Tribunal had nullified Adeleke’s victory in January, the Court of Appeal had set aside the verdict of the Tribunal in March, with the Supreme Court affirming the position of the lower Court of Appeal on Tuesday.
As the Court of last resort, hope of the immediate past Governor, Oyetola, who contested on the platform of APC, of returning to “power soon” has been dashed with the apex Court affirming Adeleke of the Peoples Democratic Party (PDP) as the validly elected Governor of Osun State.
The apex Court, in its lead judgement delivered by Justice Emmanuel Agim, dismissed an appeal that was lodged against Adeleke’s election victory by the Oyetola, ruling that though Oyetola alleged that Adeleke won through over-voting that occurred in 774 polling units in the State, he, however, failed to produce any Bimodal Voters Accreditation System (BVAS) machine that was used in any of the polling units to prove his allegation.
“It is glaring that the Appellant did not provide in evidence, any BVAS, but sought to prove over-voting by means of a report of examination of INEC’s database or backend server,” the Court held.
The apex Court held that since it was not in dispute that the BVAS contain a record of accredited voters, “it is, therefore, the only direct and primary record of voters accredited at polling units on election day.”
It held that nothing in either Section 47 of the Electoral Act 2022 or Regulations 18-23 of the INEC’s Regulations, made it mandatory for Presiding Officers in an election to transmit by BVAS, the number of accredited voters in each polling unit to the backend server.
It dismissed evidence of purported expert witnesses that testified in Oyeyola’s favour.
The apex Court said it found no reason to set aside the verdict of the Court of Appeal which upheld Adeleke’s election victory.
The verdict was against that of the Osun State Governorship Election Petition Tribunal which on January 27, in a split decision, voided the declaration of Adeleke of the PDP, as the winner of the July 16 gubernatorial election in Osun.
The Justice Tertsea Kume-led three-member panel tribunal, in its majority verdict, upheld a petition that was brought before it by the Oyetola of the APC, who came second in the election.
It held that Adeleke did not score the majority of lawful votes, adding that the conduct of the election was not in substantial compliance with provisions of the Electoral Act, 2022.
According to the tribunal, the petitioners, Oyetola and APC, successfully established that there was overvoting in 744 polling units in the State.
After deducting the said invalid votes, the tribunal declared Oyetola as the winner of the governorship contest, even as it directed the INEC to withdraw the Certificate of Return it earlier issued to Adeleke.
However, in his dissenting judgement, the third member of the panel, Justice P. Ogbuli, affirmed Adeleke as the valid winner of the election, even as he struck out the petition that was lodged by Oyetola and the APC.
Meanwhile, following an appeal that was lodged by Adeleke and the PDP, the Court of Appeal, on March 24, reversed the judgment of the tribunal.
The appellate Court, in a unanimous decision by a three-member panel of Justices, held that there was merit in Adeleke’s appeal.
Aside from setting aside the judgement of the tribunal, the Court, in its lead judgement delivered by Justice Mohammed Shuaibu, awarded a cost of N500,000 against the APC and its candidate, Oyetola.
Dissatisfied with the judgement, both Oyetola and the APC took the matter before the Supreme Court where they also lost on Tuesday.
…God has proven He’s “owner and giver of power” – Adeleke
Reacting to his victory in the legal battle, Adeleke described his victory at the Supreme Court as the proof of God’s authority and supremacy, “as the owner and giver of power.”
Adeleke who spoke after the apex Court affirmed his victory as the democratically elected Governor, said the will of God has survived the anti-masses plot of evil forces.
He pledged to remain focused on delivering good governance to the people of Osun state, calling on stakeholders to join hands with his administration to move the State forward.
“This is a historic landmark in the history of Osun politics. Today is the day our God ordained to stand his authority as the owner and giver of power.
“Today is that moment when the will of the people ordained by God survived anti-masses plot of powerful forces. We, therefore, celebrate God almighty. We dedicate today’s victory to Him.
“State power is of God and He bestowed it in whoever He wishes. I will remain God-driven, divinely-inspired.
“I will govern with the fear of God. Our governorship is an affirmation that we are for the people, by the people.
“As a moral compass, affirming the integrity of my lord justice, your affirmation for the truth and people’s will, consolidate and strengthen our democracy.
“On behalf of Osun people we appreciate you and adore your love for justice and equity.
“To all stakeholders in Osun project, be assured that the revalidation of our mandate is a challenge, a call to duty, a fresh demand for more dividend of democracy.
“I commit myself to more expanded delivery of good governance, in me you will find a true pro-people governor.
“I seek support of all Osun resident and citizens, irrespective of party affiliations. This is our state and we must join hands to develop it.
“My appreciation goes to my family. My wives, Titi and Ngozi, and the children. To all Imole in Nigeria and abroad, thank you for standing by me. I want to thank my brother and sister.
“My people of Osun State, the good job continues, we wrap up the implementation of our five points agenda.
“We shall focus on grassroots development. We shall embark on agricultural revival of our dear state.
“Our policies shall fight poverty, insecurity, unemployment and underdevelopment. You shall truthful feel and enjoy the dividend of democracy,” he said.
…Law governing our elections has truly brought power to the people – Atiku
On his part, the presidential candidate of the PDP in the 2023 general elections, Atiku Abubakar, said the law governing elections in the Country “has truly brought power to the people.”
He hailed the Bimodal Voter Accreditation System (BVAS), saying it has come to stay as a legal instrument for the accreditation and transmission of election results in the Country.
Atiku speaking on the heels of Adeleke’s victory at the Supreme Court said in a statement by his media office in Abuja, on Tuesday, that the introduction of technology in the conduct of elections in Nigeria is a progress that cannot be reversed.
He congratulated the people of Osun State for the affirmation of their collective mandate given to Governor Adeleke.
He said, “We are all witnesses to the copoius references to the BVAS technology in coming up with this judgement.
“The law governing our elections has truly brought power to the people, and those power mongering politicians, who believe that they can freely subvert the inherent power of democracy, now have their hopes dashed.”
The PDP presidential candidate urged Nigerians to take keen interest in the growth and development of democracy in the country.
“We must not put the laws in our hands but remain vigilant because, as the saying goes, ‘eternal vigilance is the price of liberty,’” Atiku added.
