The Independent National Electoral Commission (INEC) has filed 44 grounds appealed against the ruling of the Justice T. A. Kume-led Election Petition Tribunal, which nullified the victory of Senator Ademola Adeleke of the Peoples Democratic Party (PDP), in the July 16 Osun governorship election.
The Tribunal had in a judgement on January 27, 2023, declared former Governor Gboyega Oyetola, winner of the poll citing over voting in some polling units.
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However, the National Electoral body on Wednesday, approached the Court of Appeal in Akure, through its lawyer, Paul Ananaba (SAN), to challenge the judgment of the Tribunal.
According to Ananaba, the Tribunal erred in law when it failed to consider and rule on the various preliminary objections filed by the first respondent challenging the competency of the petition and jurisdiction of the Tribunal to hear the petition but proceeded to determine the merit of the petition.
INEC said the Tribunal totally misconstrued Section 47(2) of the Electoral Act 2022, which must be read purposefully, communally and holistically, to arrive at the true intention of the legislature and justice.
It sought an order of the Appeal Court to set aside the whole decision of the trial Tribunal for want of competence and jurisdiction.