APPEAL COURT UPHOLDS OYETOLA’S VICTORY
Sets aside Tribunal's judgement
The Court of Appeal sitting in Abuja has set aside the judgement of the Osun State Governorship Election Tribunal which nullified the victory of Governor Gboyega Oyetola.
Justice Hannatu Sankey, delivering the lead judgement set aside the entire proceedings of the Tribunal due to its “faulty compoisition”.
Justice Hannatu said owing to the fact that the case was a post-election matter where time cannot be elongated, the court cannot make an order of retrial, else the matter would ordinarily be returned to the lower Tribunal.
While also resolving the remaining 11 issues in the appeal in favour of the appellant, the Osun State governor, Justice Hannatu said the petitioner did not prove beyond resonable doubt that there was substantial non-compliance to the Electoral Act by the absence of the ballot paper records.