The Abuja Division of the Court of Appeal on Thursday held that Governor Adegboyega Oyetola of Osun State was validly elected as governor.
The court in a split judgment of four-to-one resolved 10 out of the 12 issues raised in favour of Oyetola and the All Progressives Congress.
Two others were in favour of Senator Ademola Adeleke and the People’s Democratic Party.
Delivering the majority the court nullified the judgement of the Osun election tribunal of March 22, 2019, which declared the PDP and its candidate Senator Adeleke as winner.
The Appeal court majority verdict was primarily anchored on the alleged absence of a member of the tribunal, Justice Peter Obiorah, who read the lead majority judgement of the election tribunal.
Justice Sankey, who delivered the lead judgement, held that absence of Justice Obiorah on that date nullified the entire proceedings and the verdict of the tribunal
Three other members of the panel, Justices Abubakar Yahaya, Isaiah Akeju, and Bitrus Sanga, agreed with Justice Sankey.
But a member of the panel, Justice George Mbaba, dissented from the majority judgment, holding that the alleged absence of Justice Obiorah from the February 6, 2018 proceedings of the tribunal was mere speculation.
Adeleke was declared winner by the election tribunal after he went to court to challenge the election victory of Oyetola, as announced by the Independent National Electoral Commission (INEC).