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Home D MENU BACKUP CONTENTS NEWSROOM Court

Governor Oyetola secures leave to serve Adeleke through substituted means, paving the way for legal fireworks

The incumbent governor is challenging Adeleke’s victory at the election before the Tribunal. Also joined in the suit are, Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP)

Clariform Media by Clariform Media
3 years ago
in Court, Editor`s Pick
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Governor Oyetola secures leave to serve Adeleke through substituted means, paving the way for legal fireworks
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OSUN ELECTION PETITION TIBUNAL: The Election Petition Tribunal sitting in Osogbo, on the petition by the outgoing governor and APC governorship candidate in the July 16th election in Osun State, Adegboyega Oyetola, has granted his application to serve Senator Ademola Adeleke, the candidate of the Peoples Democratic Party in the poll and Governor-Elect, notice of the petition through substituted means.

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BASIC FACTS

  • INEC had declared the PDP candidate, Senator Ademola Adeleke winner of the Osun State governorship election held on 16th July, 2022.
  • The incumbent governor and APC candidate in the election is challenging the PDP victory at the tribunal.
  • The tribunal began its maiden hearing this Monday in Osogbo, and on the same day the tribunal granted the APC candidate’s application to serve the PDP and governor elect through substituted means.

WHAT WE KNOW

The election petition tribunal sitting in Osogbo, this Monday granted Adegboyega Oyetola of the APC his application to serve Ademola Adeleke through substituted means.

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The incumbent governor is challenging Adeleke’s victory at the election before the Tribunal. Also joined in the suit are, Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP)

The tribunal at its first sitting on Monday in Osogbo, granted the ex parte motion filed for an order of inspection of documents in the custody of INEC, the first respondent.

The tribunal has also granted an ex parte motion filed for an order of inspection of documents in the custody of the first respondent, Independent National Electoral Commission.

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The incumbent governor’s Counsel who doubles for the All Progressives Congress, Mr. Yomi Aliyu, had told the tribunal presided over by the Chairman of the panel, Justice Tertsea Kume, that the bailiff given the task could not serve Adeleke notice of the petition.

The counsel told the tribunal, that he would want the notice to be pasted on the notice board at the entrance of the tribunal sitting venue.

Ruling on the two motions, Justice Kume granted the reliefs sought by Oyetola and ordered that the notice should be pasted on the notice board at the entrance to the venue of the tribunal sitting. The tribunal also granted request by the petitioners to scan the voter registers and ballot papers used for the election.

NOTABLE QUOTES

Speaking in an interview after the court sitting, counsel to the Oyetola and the APC, Chief Yomi Aliyu, SAN, said,

“we brought two applications; one application is for substituted service, the other application was for inspection of documents.

“When we were arguing the applications, we referred to one exhibit where the bailiff said he went to serve the second respondent (Adeleke) in Ede, the gate was locked, they asked him to speak with somebody, he spoke to that person and the next thing the person told him was a like a threat and so, he had to leave the place.

Quoting the bailiff, the counsel had said, “I left the place for my safety.” That’s what he wrote, hence, we applied to the court and the court has granted the applications. First to inspect the documents and to serve the second respondent by substituted service.”

FLASHBACK

The PDP and her candidate, Senator Ademola Adeleke, were declared winner of the July 16 governorship election in Osun State. The INEC has since issued Adeleke with the certificate of return.

However, the incumbent governor is challenging the victory at the tribunal which began sitting today.

Clariform Newsdesk recalls that the INEC had declared Adeleke the winner of the July 16 governorship election in Osun State with a total vote of 403,271 against 375,027 polled by Governor Oyetola and his APC.

TAKEAWAY

The July election was largely adjudged by many as a free and fair election. Though there were incidents of voting buying on both sides, the election was an improvement on previous elections.

However, the incumbent governor who lost the elections thinks he can upturn the victory at the tribunal.

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Clariform Newsdesk can only hope that the justice is served at the end of the day and the people’s will is not truncated through the tribunal.

Nonetheless, the courts have a role to play in deepening democracy and the rules guiding it. The court and entire judicial system are integral part of the democratic process.

For enquiries about this report, or to write for Clariform please send email to [email protected], or click here.

Tags: Adegboyega OyetolaElection TribubalOsun StateSenator Ademola Adeleke
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