The Supreme Court has scheduled hearing for Monday in the appeal filed by the candidate of the Peoples Democratic Party (PDP) Senator Ademola Adeleke in the September 2018 governorship election in Osun State.
Adeleke is, by the appeal, seeking the reversal of the May 9, 2019 majority judgment of the Court of Appeal, Abuja, which upheld the election of Adegboyega Oyetola of the All Progressives Congress (APC) as the Governor of Osun State.
Information about the hearing date is contained in notices sent to parties last week by the Registry of the Supreme Court, a copy of which TheNigerialawyer sighted in Abuja.
The Independent National Electoral Commission (INEC) had declared Oyetola of the APC the winner at conclusion of the September 27, 2018, supplementary election, held after the inconclusive September 22, 2018 main election.
Adeleke and the PDP challenged the outcome of the election at the election tribunal, which sat in Abuja owing to fear of insecurity in Osun State.
On March 22, 2019 the three-man election tribunal gave a split decision of two-to-one in favour of the petitioners – Adeleke and the PDP.
Justices Peter Obiorah and Adegboye Gbolagunte, in the majority decision, upheld the petition, voided Oyetola’s victory and declared Adeleke of the PDP. winner of the governorship election.
Justice Ibrahim Sirajo, who chaired the tribunal, gave a minority judgment, in which he dissented and struck out the petition on the grounds that the petitioners did not prove their case.
Oyetola, APC and INEC appealed the majority judgment at the Court of Appeal,Abuja, while Adeleke and the PDP appealed the minority decision.
On May 9, 2019 the Court of Appeal gave its decisions on the appeals, with four members of the five-man panel, upholding the appeals by Oyetola, APC and INEC, and dismissing the cross-appeal by Adeleke and the PDP.
The Court of Appeal’s majority judgement set aside the majority judgment of the election tribunal, upheld the result as declared by INEC and affirmed Oyetola of the APC as winner of the election.
Justices Jummai Sankey, Abubakar Yahaya, Isaiah Akeju and Bitrus Sanga gave the majority decision, while Justice George Mbaba gave the minority judgment, in which he dismissed the appeals and upheld the cross-appeal.
The appeal to be heard by the Supreme Court on Monday is that filed by Adeleke against the majority decisions of the Court of Appeal.
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