*Asks Appellate Court To Set Aside Tribunal’s Decision

The Independent National Electoral Commission (INEC) has appealed the 27th January, 2023 judgement of the Osun State Governorship Election Petition Tribunal nullifying the election results declared by the electoral umpire and declaring the immediate past Governor of the State, Adegboyega Oyetola as the legitimately elected Governor at the polls.

In the Notice of Appeal which has as 1st-4th Respondents, Adegboyega Oyetola, All Progressives Congress, Adeleke Ademola Jackson Nurudeen, Peoples Democratic Party respectively and made available to TheNigeriaLawyer, the legal team of INEC led by Prof. Paul C. Ahanaba SAN and Emeka Okpoko SAN is challenging the decision of the tribunal in its entirety and insists that the trial tribunal erred in law to reach its conclusion.

Click Here To Download Appeal To Reverse Tribunal Judgement

The notice of appeal disclosed that the appeal will be premised on forty-four grounds ranging from failure of the tribunal to consider and rule on various preliminary objections challenging the competency of the petition, the incompleteness of the judgement and joint signing of the judgement, failure of the tribunal to adhere to the principle of stare decisis, amongst several others.

The Appellant is seeking four reliefs, to wit:
“a. Allow the appeal.
b. AN ORDER setting aside the whole decision of the trial tribunal.
c. An order dismissing and/or striking out the petition for want of competence and jurisdiction.
d. An order dismissing the Petition of the 1st and 2nd Respondents in the Appeal as lacking in merit with substantial cost.

The INEC also said the Tribunal erred in law by using a table contained in the final written address of the petitioners to determine overvoting and deducted votes scored by the respondent.

The electoral body also dismissed the Tribunal’s claim that because it issued different accreditation reports, its conduct was tantamount to tampering with official documents.

It also said the allegation that it tampered with the official records was a criminal allegation that must be proven beyond a reasonable doubt, noting that there was no proof it tampered with any records before the panel.

Click Here To Download Appeal To Reverse Tribunal Judgement

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