By Harry Awurumibe, Editor Abuja Bureau
The victory of the immediate past Governor of Osun state, Chief Adegboyega Oyetola at the Election Tribunal last week will have no consequence in the governing of the state as the incumbent Governor Ademola Jackson Nurudeen Adeleke remains the substantive Governor until all the legal options have been exhausted by the two gladiators.
This is even as the Independent National Electoral Commission (INEC) has said without equivocation that the Commission is not in a hurry to either withdraw the Certificate of Return issued to Adeleke or issue same to Oyetola, saying we will wait for both parties to exhaust court processes before any other Certificate of Return will be issued to the final winner at Supreme Court.
Speaking on Channels Television breakfast programme Sunrise Daily on Tuesday, INEC National Commissioner and Chairman Voter Education BarristerFestus Okoye, said the Electoral Act 2022 gave Adeleke 21 days window to appeal against the Osun State Election Tribunals verdict if he so wishes.
Okoye said by the Provisions of the Electoral Act, INEC will wait for the expiration of the 21 days timeline within which to act should Adeleke fail to appeal the Tribunal judgement.
Said he: “INEC as a law-abiding organisation will follow the rules. This means that the Commission will wait for both parties to exhaust the options left for them before taking the next step. So we shall wait for the initial 21 days window and if there is no court case then a fresh Certificate of Return will be issued as ordered by the Election Tribunal.
Prompt News reports that Osun State Governorship Election Tribunal headed by Mr. Justice Tertsea Kume had last Friday ruled that the governorship election of July 2022 was marred by over-voting and deducted the number of over-voting presented by Oyetola of the All Progressives Congress (APC) from the votes of Adeleke of the Peoples Democratic Party (PDP) and subsequently declared former governor Oyetola as the winner of the election.
But Adeleke had in a swift reaction after the verdict described the judgement of the Tribunal as “a miscarriage of justice” just as he vowed to challenge it at the Appeal Court while urging Osun state citizens to remain calm.
Reacting to the verdict of the tribunal from his country home in Ede, Adeleke faulted the resolution of the over-voting question in favour of Oyetola, calling it “an unfair interpretation against the will of majority of voters.”
According to the Electoral Act 2022, following the judgement of the tribunal, Adeleke has 21 days to file an appeal.
If he does so within the stipulated period, he will remain in office and continue to enjoy the benefits of the position, pending the judgement of the appeal court.
Section 138(1) of the act reads: “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”.
“(2)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.”
INEC, therefore, cannot immediately issue a Certificate of Return to Oyetola except if Adeleke fails to file an appeal before 21 days.
