Breaking: Osun Election Petition Tribunal Declares Oyetola as Governor

By Sunday Oguntuyi, Osogbo

The Osun State Governorship Election Petition Tribunal sitting in Osogbo has declared Adegboyega Oyetola as the winner of the July 16, 2022 governorship election

The majority judgement, Chairman of the tribunal, Justice Tertsea Kume and Justice Rabi Bashir said the election was marred by over-voting. They thereby deducted the number of over-voting presented by Oyetola and APC.

They said having deducted the over-voting figure, Oyetola scored 314,921 while Ademola gathered 290,266

According to the tribunal, the ground of the petition before it are three.

“In other words, the defenses of the respondents are tainted with fundamental flaws, irreconcilable and unreliable, incapable of defeating the credible evidence tendered by the petitioners in respect of the 744 polling units where over voting has been established,” the judges ruled.

“The inference we hereby drawn from the fact established by the evidence and record is that the election conducted on the 16th day of July, 2022 was done in substantial non compliance with the provisions of the Electoral Act and extant regulations.

“Moreover, exhibit BVR has not been withdrawn by the first respondent who made and issued it. The petitioners relied on exhibit BVR in maintaining this petition.

“Similarly, the exhibit tendered by the respondents after exhibit BVR submitted by learned counsel to the petitioners, were thought of after the declaration of result on the 17th day of July, 2022.

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“The said conduct of the respondents, especially, the first respondent amounts to tampering with official records. The conduct of the first respondent in the said election under consideration has produced multiple accusation report, contrary to votes declaration, to conduct of free, fair and credible elections on the basis of one man or woman with one vote.

“Consequently, to forestall a manipulation of BVAS machines in the conduct of elections in Nigeria by the first respondent, the presiding officers at the polling units and other key officers of the first respondent should act on the vest won by them.

“During the conduct of elections, an electronic device embedded in a safe vest which would have helped you to collect data and information transmitable to a server domiciled either to the headquarters of the Nigerian Police Force, NIGCOMSAT, the National Security Adviser, independent of the first respondent.

“The data stored at the server in any of the said offices will be a resource material for investigation and possible prosecution of any infraction that may occur in the use of the BVAS in the polling units during the conduct of elections.

“We find as a fact that the voting occurred in the election conducted on the 16th day of July, 2022 in the manner stated in the table in paragraph 6.19 of the petitioner’s final written address already reproduced in this judgement, the duty of this tribunal is to deduct the said invalid votes from the lawful votes of the first petitioner and the first respondent to determine who have the majority of lawful votes at the said election.

“The table produced on page 30 paragraph 7.01 of the petitioner final written address in response to the first respondent final written address on page 17 paragraph 6.21 on the petitioner’s final address shows a graphic demonstration of the lawful votes after the deduction of the said invalid votes cast.

“For the sake of emphasis, the total lawful vote cast for each of the candidates after the said deduction of invalid votes is 314,931 for the first petitioner and 219,666 votes for the second respondent.

“The second respondent did not score a majority of lawful votes cast for the election. The declaration and return is hereby declared as null and void, the second respondent cannot “go low low and buga won” as duly elected governor of Osun state in the election conducted on July 16th 2022, see Kiss Daniel song, Buga.

“Rather, we hereby hold that the first petitioner scored the majority of lawful votes in the said election and is hereby returned as such.

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“The first respondent is hereby directed to withdraw the Certificate of Return issued to the second respondent and give the first petitioner Certificate of Return as the duly elected governor.”

However, in his dissenting judgement, Justice P. Ogbuli said, “It is remarkable to note that the petitioners did not controvert the exhibit RBVR series and the report of physical inspection, that exhibit RWC, they stand unchallenged and I so hold”

“Exhibit RWC is a document made from the time resources which are the machines used on the Election Day. The exhibit on RWC are in existence and were there on the machine date of election. Section 64 sub 4,5 and 6 of the electoral act recognized BVAS machines itself as a key material to be used in collation of result and in resolution of any dispute arising therefrom”

“The petitioners are not saying that the entries on exhibit RBVM series which is the machine itself are not same as the entries in exhibit RWC, their grouse is that since exhibit RWC came from the same first respondent it will be not be allowed to stand in view of the discrepancies of figures in them via-a-vis the entries ”

“In view of the following I hold that exhibit BVR is a product of inadequacies and cannot be the best evidence for the determination of the accurate number of accredited voters on 16th July 2022 election. The same is true of exhibit RBVR the best evidence to that regard is RBVL, 1-119 down to RBVL 1-59 used in the polling units under contest and I so hold,Voters register can’t be ruled out”