Why tribunal sacked Adeleke as Osun governor

By Deborah Oladejo, Osogbo

The Osun State Governorship Election Petition Tribunal sitting in Osogbo has pronounced the immediate past governor, Gboyega Oyetola as the winner of the July 16, 2022 governorship election in the state.

The tribunal sacked Governor Ademola Adeleke and ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to him.

However, the Election Tribunal stated that, Adeleke was qualified to contest for the election disregarding the allegation of certificate forgery.

Reading the majority judgment on Friday at the premises of the High Court in Osogbo, Justice Tertsea Kume, chairman of the tribunal, said the election was marred  with over-voting. 

Kume said that there was indeed over voting in 10 local government areas of the state.

He said it was the duty of the tribunal to deduct the valid votes cast from the over-voting.

He said after the deduction of valid votes scored by candidates from the observed over- voting, Oyetola, polled 314,931votes while Adeleke, candidate of the Peoples Democratic Party (PDP) polled 290,666 votes.

“In other words, the defenses of the respondents are taint with fundamental flaws, irreconcilable and unreliable, incapable of defeating the credible evidence tendered by the petitioners in respect of the 744 polling units where over voting has been established. 

“The inference we hereby drawn from the fact established by the evidence and record is that the election conducted on the 16th day of July, 2022 was done in substantial non complaince with the provisions of the Electoral Acts and extant regulations.

“Moreover, exhibit BVR has not been withdrawn by the first respondent who made and issued it. The petitioners relied on exhibit BVR in maintaining this petition.

“Similarly, the exhibit tendered by the respondents after exhibit BVR submitted by learned counsel to the petitioners, were thought of after the declaration of result on the 17th day of July, 2022. 

“The said conduct of the respondents, especially, the first respondent amounts to tampering with official records. The conduct of the first respondent in the said election under consideration has produced multiple accusation report, contrary to votes declaration, to conduct free, fair and credible elections on the basis of one man or woman with one vote. 

“Consequently, to forestall a manipulation of BIVAS machines in the conduct of elections in Nigeria by the first respondent, the presiding officers at the polling units and other key officers of the first respondent should act on the vest won by them.

“During the conduct of elections, an electronic device embedded in a safe vest which would have helped you to collect data and information transmitable to a server domiciled either to the headquarters of the Nigerian Police Force, NIGCOMSAT, the National Secretary Adviser, independent of the first respondent. 

“The data store at the server in any of the said offices will be a resource material for investigation and possible prosecution of any infraction that may occur in the use of the BIVAS in the polling units during the conduct of elections. 

“We find as a fact that the voting occurred in the election conducted on the 16th day of July, 2022  in the manner stated in the table in paragraph 6.19 of the petitioner’s final written address already reproduced in this judgement, the duty of this tribunal is to deduct the said invalid votes from the lawful votes of the first petitioner and the first respondent to determine who have the majority of lawful votes at the said election.

“The table produced on page 30 paragraph 7.01 of the petitioner final written address in response to the first respondent final written address on page 17 paragraph 6.21 on the petitioner’s final address shows a graphic demonstration of the lawful votes after the deduction of the said invalid votes cast.

“For the sake of emphasis, the total lawful vote cast for each of the candidates after the said deduction of invalid votes is 314,931 for the first petitioner and 290,666 votes for the second respondent.

“The second respondent did not score a majority of lawful votes cast for the election. The declaration and return is hereby declared as null and void, the second respondent can not “go low low and buga won” as duly elected governor of Osun state in the election conducted on July 16th 2022, see Kiss Daniel song, Buga. 

“Rather, we hereby hold that, the first petitioner scored the majority of lawful votes in the said election and is hereby returned as such. 

“The first respondent is hereby directed to withdraw the Certificate of Return issued to the second respondent and give the first petitioner Certificate of Return as the duly elected governor.”

Meanwhile, one of the Judges, B.A Ogbuli, in his minority judgment, said he agreed with majority decision of the tribunal that Adeleke was qualified to contest the election as at the time the election was conducted.

Ogbuli , however, said that the petitioner did not adequately proved that there was over-voting in BVAS machine report by their witnesses.

He said: “It is remarkable to note that the petitioners did not controvert the exhibit RBVR series and the report of physical inspection, that exhibit RWC, they stand unchallenged and I so hold. 

“Exhibit RWC is a document made from the time resources which are the machines used on the Election Day. The exhibit on RWC are in existence and were there on the machine date of election. Section 64 sub 4,5 and 6 of the electoral act recognized BVAS machines itself as a key material to be used in collation of result and in resolution of any dispute arising therefrom.

“The petitioners are not saying that the entries on exhibit RBVM series which is the machine itself are not same as the entries in exhibit RWC, their grouse is that since exhibit RWC came from the same first respondent it will be not be allowed to stand in view of the discrepancies of figures in them via-a-vis the entries. 

“In view of the following I hold that exhibit BVR is a product of inadequacies and can not be the best evidence for the determination of the accurate number of accredited voters on 16th July 2022 election. The same is true of exhibit RBVR the best evidence to that regard is RBVL, 1-119 down to RBVL 1-59 used in the polling units under contest and I so hold.” 

The third member of the tribunal, Rabi Bashir, appreciated all the parties in the case for their cooperation during the period the tribunal lasted.

INEC had declared Adeleke, the candidate of the Peoples Democratic Party (PDP) as the winner of the July 16 Osun State governorship election after he was adjudged to have polled 403,107 votes as against, the candidate of the All Progressives Congress (APC), Gboyega Oyetola who polled 373,000 votes.

Oyetola, not satisfied by the INEC declaration approached the court seeking nullification of Adeleke’s victory on the ground of inelegibility as at the time of election, certificate forgery and over voting.