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INEC Appeals Osun Election Tribunal Judgement
INEC Appeals Osun Election Tribunal Judgement
The Independent National Electoral Commission has filed an appeal on 44 grounds against the decision of the Election Petition Tribunal led by Justice T. A. Kume in Osun State.
On Wednesday, INEC filed the petition at the Court of Appeal in Akure through its lawyer, Paul Ananaba (Senior Advocate of Nigeria).
The electoral body stated that the election petition tribunal committed a legal error by failing to consider and rule on the various preliminary objections filed by the first respondent challenging the petition’s competency and the Election Petition Tribunal’s jurisdiction to hear the Petition but proceeding to determine the merits of the Petition.
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The petitioners, former Governor of Osun State Adegboyega Oyetola and his party, the All Progressive Congress, questioned the electoral body’s declaration of People Democratic Party candidate Ademola Adeleke as the winner of the July 16th governorship election in the state on July 17th, 2022.
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Oyetola stated that the APC based their petition with reference no: EPT/OS/GOV/01/2022, on Adeleke’s eligibility to contest and over-voting, and that the Tribunal declared Oyetola as the validly elected Governor of the state on January 27, 2023.
The appellant claimed that the Tribunal completely misinterpreted Section 47(2) of the Electoral Act 2022, which must be read purposefully, communally, and holistically to determine the true intent of the legislature and justice.
INEC requested that the Appeal Court vacate the trial Tribunal’s entire decision and dismiss or strike out the Petition for lack of competence and jurisdiction.
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