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The Independent National Electoral Commission has appealed against the judgement of Justice T. A. Kume led Election Petition Tribunal in Osun State on 44 grounds.
INEC filed the the petition at the Court of Appeal in Akure, through its lawyer, Paul Ananaba (Senior Advocate of Nigeria) on Wednesday.
The electoral body said the election petition tribunal erred in law by failing to consider and rule on the various preliminary objections filed by the 1st respondent challenging the competency of the petition and jurisdiction of the Election Petition Tribunal to hear the Petition but proceeded to determine the merit of the Petition.
The petitioners, Former Governor of Osun State, Adegboyega Oyetola, and his party, All Progressive Congress faulted the declaration of candidate of People Democratic Party, Ademola Adeleke on 17th of July, 2022, by the electoral body as the winner of the July 16th governorship election in the state.
Oyetola said APC premised their petition with reference no: EPT/OS/GOV/01/2022, on Adeleke’s eligibility to contest and over-voting and the Tribunal on 27th January, 2023 declared Oyetola as the validly elected Governor of the state.
The appellant said the Tribunal totally misconstrued Section 47(2) of the Electoral Act 2022, which must be read purposefully, communally and holistically to arrive at the true intention of the legislature and justice.
INEC sought an order of the Appeal Court to set aside the whole decision of the trial Tribunal and dismiss and/or striking out the Petition for want of competence and jurisdiction.
