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11 Takeaways from Osun Tribunal Ruling

1. A key outcome is that Senator Ademola Adeleke is fully qualified to contest and occupy the office of governorship or any other offices.The tribunal holds that the respondents did not prove their allegations that Senator Adeleke is not qualified to run for office. This validated two other previous court judgements which affirm that educationally, Senator Adeleke is qualified to be Governor.
2. The Tribunal confirmed that results of September 22 was manipulated against the PDP candidate even though the PDP still won the election. The Tribunal established mutilations of CTC of EC8AS by INEC and expressed surprise that INEC offered no defence for the alleged tampering with results. INEC had failed to call any witness to defend its alteration of results from many polling units. A clear admission of guilt.
3. The Tribunal further affirmed that the State Returning Officer has no power to cancel results of election from the seven polling units or any other one which was the basis for the Sept 27th rerun election. It held that only the presiding officers from polling units has the power to cancel votes. The cancellation of votes from those seven polling units were therefore declared null and void and of no effect.
4. As a consequence of 3 above, the Tribunal held that the rerun of September 27th was illegal as it was built on illegality. Since the cancellation of the seven PU was illegal, anything built on it is therefore illegal and null and void.
5. The participation of the petitioner in the re-run was affirmed as legal and in compliance with the provisions of the Electoral Act. The law is that you cannot question the legality of an election in which you did not participate. Hence, participation of Senator Adeleke in the rerun cannot stop him from questioning the legality of the entire exercise.
6.The Tribunal further held that an election is a continuous process which ends with declaration of the winner. Senator Adeleke was adjudged right and within the bound of law to have waited till Oyetola’s declaration to finally challenge the outcome in court. The Tribunal held that treating the two elections together in an election petition as the petitioner did was lawful.
7. The Tribunal posited that the declaration of Oyetola as Governor based on the outcome of the rerun combined with the main election was illegal and therefore null and void. As the rerun is illegal, any declaration made on its foundation is equally illegal and of no effect. The return of Oyetola as governor was therefore nullified and INEC was ordered to withdraw the certificate of Return issued to him.
8. The Tribunal then focussed on the September 22 election. The Tribunal cancelled the result of 17 polling units thereby deducting 2,029 from APC votes and 1,246 from PDP votes with 783 votes in favour of Adeleke and PDP
Summary
Making a total of margin of win in favour of PDP/Adeleke at 1,138 votes
9.The tribunal then held that Ademola Adeleke of the PDP having scored majority of lawful votes is hereby declared winner of the election and is returned as the elected governor of Osun state.
10.On the issue of certificate of returns, the Tribunal held that the INEC should issue a Certificate of Returns to Ademola Adeleke as the duly elected governor of the state. The Commission is to withdraw the Certificate of Returns earlier issued to Gboyega Oyetola.
11.Lies about Section 140(2) of Electoral Act
The reality of Section 140 (2 ) of the Electoral Act was that it was suspended as unconstitutional by a court of law because it conflicts with the constitution of the republic. The constitution prescribes that if an office seeker is rigged into an office, the judiciary has the powers to remove and pronounce the rightful winner. Section 140(2) seeks to take away that power granted by the constitution to the judiciary by stipulating that no court can declare somebody winner of an election except it orders a rerun. That section was nullified by the judgement. Up till today, nobody has appealed against the ruling.
The ruling subsists in law and was rightly applied by the Tribunal to declare Ademola Adeleke winner of that election.
Team Imole
AmarSim Associations Development Consultants

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