Justice Sirajo ruled that the petitioners failed to prove the claims at the tribunal.
Ademola Adeleke and Gboyega Oyetola
The chairman of the Osun State Elections Petitions Tribunal in Abuja has delivered a dissenting judgement in the Osun State governorship election petition.
Justice Muhammed Ibrahim Sirajo on Friday dismissed the petition by the Peoples Democratic Party (PDP) and its governorship candidate, Ademola Adeleke, which alleged that there was election non-compliance with the Electoral Act in the election.
Justice Sirajo ruled that the petitioners failed to prove the claims at the tribunal.
He further ruled that where it is established that there is non compliance, the tribunal does not have “the powers to subtract the votes of the non compliance and declare a candidate winner.”
He added that under Section 140(3) of the Electoral Act, where substantial non compliance is proved, the tribunal can only order a supplementary or fresh election.
The chairman however adviced INEC to only comply with the majority decisions concurrently delivered by Justices Peter Chudi Obiorah and Adegboye Ayinla Gbolagunte.
The main judgment of the panel had invalidated the rerun election of September 27, 2018 which returned Governor Gboyega Oyetola as winner and withdrew the certificate of return issued to him by INEC.
