The PDP has asked the Court of Appeal in Abuja to restore the 3, 402 and 379 votes it lost to the APC in the September 22, 2018 Osun State governorship election.
The PDP said the Osun State Governorship Election Petitions Tribunal in Abuja failed to grant its relief seeking to restore the votes, which it claimed it lost through improper ballot accounting and over-voting, respectively, in 23 polling units in the state.
Counsel to the PDP, Kehinde Ogunwumiju (SAN) made this submission in a cross appeal he moved on behalf of the party and its governorship candidate, Senator Ademola Adeleke, on Wednesday.
This was even as Governor Adegboyega Oyetola, the APC, and the Independent National Electoral Commission (INEC) had asked the Court of Appeal in Abuja to uphold their victory at the supplementary election of September 27, 2018.
In three separate appeals filed at the Court of Appeal, they asked the five-member panel led by Justice Jummai Sankey, to set aside the majority decisions of Justices Peter Obiorah and Adegboyega Ayinla Gbolagunte, who on March 22 held that Adeleke fulfilled the constitutional requirements to be declared winner of the September 22, 2018 governorship election.
The chairman of the tribunal, Justice Muhammed Ibrahim Sirajo, however, dissented to the lead judgment.
Oyetola’s counsel, Wole Olanipekun (SAN) argued that Justice Obiorah was not in one of the proceedings only to surface to deliver the lead judgment, adding that that was breach of fair trial.
He further argued that by cancelling elections in 17 poling units, the lower tribunal acted without jurisdiction and overlooked Section 139(1) of the Electoral Act.
Counsel to APC, Akin Olujimi (SAN) and INEC counsel, Yusuf Ali (SAN) also asked the court to set aside the judgment of the tribunal contending that it formulated new reliefs outside those sought by Adeleke and PDP to arrive at its decision.
But PDP lawyer Onyechi Ikpeazu (SAN), in a reply and cross appeal contended that having won the main election on September 22, there was no need for the supplementary election of September 27.
