- We dedicate victory to the Almighty – Adeleke
- PDP jubilates
By Banji Ayoola
The Supreme Court on Tuesday validated the election of the incumbent Osun State Governor Ademola Adeleke of the Peoples Democratic Party, PDP.
In its lead judgement, which was delivered by Justice Emmanuel Agim, the apex court dismissed an appeal that was lodged against Adeleke’s election victory by the former governor of the state, Adegboyega Oyetola, who was the gubernatorial candidate of the All Progressives Congress, APC.
The court said the former governor and his party failed to tender relevant materials such as the BVAS from the 744 polling units in the state, INEC voters’ register or form EC8A showing the number of votes cast at each unit.
It said that Oyetola, the main challenger and immediate past governor of the state, and his party failed to prove their alleged improper accreditation of voters and over-voting against Adeleke.
Unanimously, the five-member panel of the apex court held that the court of appeal correctly reinstated Adeleke as governor.
Also, they unanimously affirmed and adopted the judgement saying that Oyetola’s and APC’s appeal lacked merit.
The court held that though Oyetola alleged that Adeleke won through over-voting that occurred in 774 polling units in the state, he, however, failed to produce any Bimodal Voters Accreditation System, BVAS, a machine that was used in any of the polling units to prove his allegation.
It said: “It is glaring that the Appellant did not provide in evidence, any BVAS, but sought to prove over-voting by means of a report of examination of INEC’s database or backend server”.
The court held that since it was not in dispute that the BVAS contain a record of accredited voters, “it is, therefore, the only direct and primary record of voters accredited at polling units on election day”.
It held that nothing in either Section 47 of the Electoral Act 2022 or Regulations 18- 23 of the INEC’s Regulations, made it mandatory for Presiding Officers in an election to transmit by BVAS, the number of accredited voters in each polling unit to the backend server.
It dismissed evidence of purported expert witnesses that testified in Oyeyola’s favour.
The apex court said it found no reason to set aside the verdict of the Court of Appeal which upheld Adeleke’s election victory.
“It is glaring that the appellant did not provide in evidence, any BVAS, but sought to prove over-voting by means of a report of examination of INEC’s database or backend server,” it said.
The court held that the information from the BVR relied on by petitioners was not a direct record of the number of accredited voters but third-hand evidence derived from the database which is second-hand evidence derived from transmissions from the BVAS.
The apex court also noted that the information at the backend saver might not be accurate because the BVAS might fail to transmit records for several reasons including poor internet connection, loss of battery power, and failure of INEC officials to properly press the submit button among others.
“So the database or any extract of it contains only what is transmitted from the BVAS to it and therefore, cannot be a complete and accurate record of the information in the BVAS,” it added.
The court further said that no law requires presiding officers to transmit the number of accredited voters or accreditation of the polls to the database or backend server of INEC by BVAS.
“Therefore, the case of the petitioners that the presiding officers were bound to instantly or on-the-spot transmit the number of accredited voters in the BVAS to the backend server of INEC, has no support,” it said.
Justice Agim said:“In the light of the foregoing, I hold that it is the record in the BVAS machine of the accredited voters or a certified true copy of an INEC certificate of that record for each polling unit that can prove the number of accredited voters in a polling unit on the day of the election and nothing else.”
The court discountenanced the argument of the petitioners that the voters register was not relevant.
Relying on the INEC regulations for the conduct of elections and the electoral act, the court pointed ot that the voters register was still relevant in voter accreditation and is to be used as well with the BVAS machine.
“It is glaring from the foregoing that the appellants did not adduce relevant admissible evidence to prove non-accreditation of voters, improper accreditation of voters and over-voting. By virtue of section 131 and section 133(1)(2) of the evidence act, the appellants had the primary legal burden to prove the facts asserted by them in their petition.”
“The court of appeal correctly found that the appellants failed to prove grounds two and three of their petition and correctly allowed the appeal on those grounds to set aside the decision of the tribunal.”
Reacting, Adeleke described the judgement as a landmark in the history of Osun politics, saying, “Today is the day, our God ordained to stand his authority as the owner and giver of power.
“Today is that moment when the will of the people ordained by God survived the anti-masses plot of powerful forces. We, therefore, celebrate God almighty. We dedicate today’s victory to Him. State power is of God and he bestowed it on whoever he wishes. I will remain God’s driven, divinely inspired, I will govern with the fear of God. Our governorship is an affirmation that we are for the people, by the people.
He said; “As a moral compass, affirming the integrity of my lord justice, your affirmation for the truth and people will consolidate and strengthen our democracy.
“On behalf of the Osun people, we appreciate you and adore your love for justice and equity.
“To all stakeholders in the Osun project, be assured that the revalidation of our mandate is a challenge, a call to duty, a fresh demand for more dividends of democracy.”
Adeleke promised to commit himself to more expanded delivery of good governance, saying, “In me, you will find a true pro-people governor.”
Commending the Supreme Court on the judgement on Adeleke’s victory which it described as the will of Osun State people, the PDP congratulated the governor over his victory at the apex court which upheld his election as the duly elected Governor of the State at the July 16, 2022 Governorship poll.
In a statement on Tuesday by its National Publicity Secretary, Debo Ologunagba, the party affirmed that the verdict of the Supreme Court serves as the ultimate triumph of the will of the people of Osun State “as expressed at the polling units, in their resolve to free their State from oppressive, retrogressive and anti-people forces.”
It added: “The judgment of the Supreme Court has further restored the confidence Nigerians repose in the institution of the Judiciary and the hope for the sustenance of democracy in our country.”
The PDP commended the Supreme Court for its courage in upholding justice and reaffirming the saying that “the Judiciary is the last hope of the common man.
“Our Party congratulates the good people of Osun State and restates its charge to Governor Adeleke to continue in his stride to reposition and rebuild the State in line with the people-oriented policies, programmes and manifesto of the PDP,”
Also, the Ondo State chapter of the party described the victory as a well deserved recognition by the apex court of Adeleke’s “tireless efforts to improve the lives of the people of Osun State.”
In a statement by the party’s State publicity secretary, My Kennedy Peretei, the party told Adeleke: “Your leadership, vision, and integrity have earned you the respect and admiration of the people of Osun State and beyond.”
According to the statement: “The Peoples Democratic Party (PDP) Ondo State Chapter, congratulates Senator Ademola Adeleke on the verdict of the Supreme Court, that affirmed the wishes of the people as the validly elected Governor of Osun State on 16th July, 2022.
“Our party rejoices with the government and people of Osun on this landmark judgment that has put a seal on the authority of the people-friendly administration of Governor Ademola Adeleke in Osun State.
“It is a momentous occasion and a testament to your hard work, dedication, and commitment to serving the people of Osun State.
“Your victory at the Supreme Court is a well-deserved recognition of your tireless efforts to improve the lives of the people of Osun State. Your leadership, vision, and integrity have earned you the respect and admiration of the people of Osun State and beyond.
“As you continue in office as the governor of Osun State, we are confident that you will continue to work tirelessly to ensure that the people of Osun State receive the best possible governance. Your commitment to improving the lives of the people of Osun State is an inspiration to us all, and we have no doubt that you will continue to serve with distinction.
“Once again, congratulations on your well-deserved victory. May your tenure as the governor of Osun State be marked by progress, prosperity, and peace.”
It will be recalled that the Osun State Governorship Election Petition Tribunal had on January 27, in a split decision, voided the declaration of Adeleke of the Peoples Democratic Party, PDP, as the winner of the gubernatorial election.
The Justice Tertsea Kume-led three-member panel tribunal, in its majority verdict, upheld a petition that was brought before it by the former governor of the state, Adegboyega Oyetola of the All Progressives Congress, APC, who came second in the election.
It held that Adeleke did not score the majority of lawful votes, adding that the conduct of the election was not in substantial compliance with provisions of the Electoral Act, 2022.
According to the tribunal, the petitioners, Oyetola and APC, successfully established that there was overvoting in 744 polling units in the state.
After deducting the said invalid votes, the tribunal declared Oyetola as the winner of the governorship contest, even as it directed the INEC to withdraw the Certificate of Return it earlier issued to Adeleke.
However, in his dissenting judgement, the third member of the panel, Justice P. Ogbuli, affirmed Adeleke as the valid winner of the election, even as he struck out the petition that was lodged by Oyetola and the APC.
Meanwhile, following an appeal that was lodged by Adeleke and the PDP, the Court of Appeal, on March 24, reversed the judgment of the tribunal.
The appellate court, in a unanimous decision by a three-member panel of Justices, held that there was merit in Adeleke’s appeal.
Aside from setting aside the judgement of the tribunal, the court, in its lead judgement that was delivered by Justice Mohammed Shuaibu, awarded a cost of N500,000 against the APC and its candidate, Gboyega Oyetola.
Dissatisfied with the judgement, both Oyetola and the APC took the matter before the Supreme Court where they also lost on Tuesday.
The Independent National Electoral Commission (INEC) declared Adeleke as the winner of the Osun governorship election in July 2022.
INEC Returning Officer for Osun, Oluwatoyin Ogundipe said Adeleke polled 403,371 votes to defeat his closest challenger Oyetola who polled 375,027 votes.
However, a three-member panel of the Osun State Governorship Election Petition Tribunal headed by Terste Kume set aside Mr Adeleke’s victory in its verdict delivered on 27 January.
In a two-to-one split judgment, the majority decision of the tribunal declared Oyetola the winner of the election.
But in late March, a three-member panel of the appellate court led by Mohammed Shuaibu unanimously overturned the earlier decision of the election petition tribunal which nullified the governor’s victory in January.
The immediate-past governor Oyetola, who came second in the 16 July 2022 election, had filed a petition challenging Adeleke’s victory.
The Osun State Governorship Election Petition Tribunal in Osogbo, which upheld the allegation of over-voting in the areas won by Adeleke, had declared Oyetola the winner of the poll after deducting “unlawful votes” from the PDP’s scores.
But Adeleke appealed against the lower court’s decision, urging the appellate court to set it aside and re-affirm his victory.
Shuaibu who prepared and read the lead decision said “the burden of proving the allegations of over-voting lies squarely with the respondents (Mr Oyetola and the APC).”
“It is inconceivable to assume that the testimonies of the respondents’ witnesses had any probative value,” the appellate court held.
