The Independent National Electoral Commission (INEC) has challenged the ruling of the Osun State Governorship Election Petition Tribunal, which declared Adegboyega Oyetola as the winner of the election and revoked the certificate of return issued to Governor Ademola Adeleke. The tribunal, led by Justice Tertse Kume, stated that the election conducted on July 16, 2022 did not comply with the Electoral Act 2022 (amended).
However, INEC has filed a notice of appeal, dated January 30, 2023, and signed by Paul Ananaba, based on 44 grounds. The respondents in the appeal include Adegboyega Oyetola, the All Progressives Congress, Governor Ademola Adeleke, and the Peoples Democratic Party.
The notice of appeal claimed that the tribunal made a mistake in law by not ruling on the preliminary objection filed by the first respondent, which challenged the competency of the petition and the jurisdiction of the tribunal.
Additionally, the notice of appeal stated that the verdict cannot be considered a majority ruling as the second judge, Rabi Bashir, did not pronounce her opinion, and her name was not included in the ruling.
INEC is seeking relief from the court to allow the appeal, set aside the decision of the trial tribunal, dismiss the petition for lack of competence and jurisdiction, and dismiss the petition of the first and second respondents as meritless with substantial cost.