By Vivian Okejeme, Abuja
The Supreme Court, has laid to rest, the legal fireworks as it concerns the July 16, 2022 Governorship election in Osun State, as it affirms
the election of Ademola Nurudeen Adeleke of the Peoples Democratic Party (PDP) as the authentic winner of the election.
The court, in it’s judgement delivered, Tuesday, held that the appeal instituted by Adeleke’s predecessor, Adegboyega Oyetola lacks merit.
The five-man panel of the Apex court lead by Justice Emmanuel Agim, held that the petitioner, Adegboyega Oyetola of the All Progressives Congress (APC) failed to prove that there was over voting in the election as he claimed.
The Apex court held that Oyetola starved the court of evidence that the presiding officer didn’t comply with electoral act, didn’t use the Bimodal Voters Accreditation System (BVAS) as well as properly accredited voters in 744 polling units.
The court held that only information from the BVAS, servers and the certify true copies can be used to prove over voting, adding that the BVAS is the best evidence.
“It is imperative that the petitioner the BVAS from the 744 polling units. They failed to produce any of the BVAS as evidence to assertained that there was over voting.
“The court cannot value a hearsay evidence against a documentary evidence. It is an inadmissible evidence.
“Over voting was only recorded in six polling units which does not effect the election of the respondent.”
On the issues of Qualification, the court held that the respondent was educated up to school certificate which settles his educational status, adding that there was no evidence to prove forged certificates as the schools hole attended didn’t deny awarding those certificate .
The court therefore, dismissed the appeal for lacking in merit.
Recall that the Court of Appeal in Abuja had on Friday, March 24, vacated the tribunal judgment that nullified the election of Gov. Ademola Adeleke of Osun State.
The appellate court, in a unanimous decision by a three-member panel of Justices, held that the appeal Adeleke lodged to challenge his sack by the Osun State Governorship Election Petition Tribunal, was meritorious.
Aside from setting aside the judgment of the tribunal, the court, in its lead judgment that was delivered by Justice Mohammed Lawal, awarded N500, 000 cost against the All Progressive Congress, APC, and its candidate, Gboyega Oyetola.
