What next for Adeleke after tribunal’s verdict? Here’s what the law says about his future
On Friday, January 27, 2023, the Osun State Governorship Election Petitions Tribunal hearing Adegboyega Oyetola’s petition against the victory of Senator Ademola Adeleke as Governor of the state annulled the result of the July 16 Osun governorship poll.
Oyetola of the APC had claimed there were cases of over-voting in some parts of the state during the election which inflated the results of Adeleke the PDP’s candidate and led to his declaration as winner by the Independent National Electoral Commission (INEC).
Justice Tetsea Kume, while delivering a majority decision, declared that INEC did not comply substantially with the constitution and the provisions of the Electoral Act.
He subsequently deducted the over-voting observed from the votes scored by the candidates and declared that the former governor Oyetola won the election, having polled 314, 921, while Adeleke’s score came down to 290, 266.
Adeleke who is a former senator and younger brother to the state’s first governor, Isiaka Adeleke, in a statement shortly after the verdict faulted the resolution of the over-voting question in favour of Mr Oyetola, calling it ” an unfair interpretation against the will of majority of voters”
While urging his supporters to remain calm, Governor Adeleke vowed to appeal the judgement at the Court of Appeal, insisting he remains the rightful winner of the July 16 election.
What next for the governor?
The ruling of the election tribunal is not enough to remove the governor from office. He will only vacate the office if he decides not to appeal within 21 days from the day the judgement was delivered.
According to Section 138 of the Electoral Act 2022 reviewed by Neusroom, Adeleke will remain in office for 21 days if he decides not to appeal the decision of the Tribunal.
“Where the election is nullified by the Court and notice of appeal against the decision is given within the stipulated period for appeal, the elected candidate shall, notwithstanding the contrary decision of the Court, remain in office and enjoy all the benefits that accrued to the office pending the determination of the appeal and shall not be sanctioned for the benefits derived while in office,” Section 138 (1) says.
Sub-section 2 further states that: “If the Election Tribunal or the Court, as the case maybe, determines that a candidate returned as elected was not validly elected, the candidate returned as elected shall, notwithstanding the contrary decision of the Election Tribunal or the Court, remain in office pending the expiration of the period of 21 days within which an appeal may be brought.”
With Friday’s ruling, Adeleke remains in office as Osun governor and has 21 days to file an appeal against the judgement before vacating office. If he decides to appeal the decision, the case will go to the Court of Appeal and then the Supreme Court where his fate will finally be determined.
In March 2019, when Adeleke was declared winner of the 2018 Osun governorship election by the tribunal, Oyetola remained in office. Adeleke’s victory was, however, overturned by the Appellate and Supreme Court which upheld Oyetola’s first-term victory as Osun state governor.
Also in Taraba state where Darius Ishaku was declared the winner of the state governorship election in April 2015, the election tribunal declared in November 2015 that APC’s Aisha Alhassan was the rightful winner of the election. Despite the judgement, the governor remained in office until the appeal court upheld his victory in December 2015 which was also cemented by the Supreme Court in February 2016.
In the past, the appeal court was the final point of litigation for election disputes until the 2010 Electoral Act was signed into law, which made the Supreme Court the court of last instance in a governorship and presidential election dispute. That is, the Apex Court is the final court where the decision of the tribunal and appellate court on a governorship and presidential election, can be appealed.
Since Nigeria returned to democratic government in 1999, there have been several instances when the courts have had to intervene to decide who is governor.
In 2003, Peter Obi contested in the Anambra State governorship election as a candidate for the All Progressives Grand Alliance (APGA) party. Chris Ngige of the People’s Democratic Party, was declared the winner by INEC.
The Court of Appeal on March 15, 2006, however, declared Obi as the winner and he was sworn in as governor on March 17, 2006.
In 2010, the Appeal Court sitting in Ibadan, Oyo State, declared Rauf Aregbesola of the Action Congress of Nigeria (ACN) winner of the 2007 governorship election in Osun State, after awarding him 198,799 votes, against the ousted incumbent Olagunsoye Oyinlola’s 172,880 votes.
Oyinlola was initially declared the winner of the governorship election by INEC but three years after, he was asked to vacate the seat after his election was declared null and void by the court.
