Oyetola won at the Court of Appeal which sat today in Abuja, as the appellate court nullified Ademola Adeleke’s tribunal victory.
The judgement was delivered after Governor Oyetola appealed the Osun State tribunal ruling, in which Ademola Adeleke was declared the duly elected Governor of the state in the 2018 election. Justice Jummai Sankey who headed the five-member panel of the appeal court which delivered judgement on the case, had three members of the panel agreeing with the lead judgement.
While a panel member, George Mbaba, gave a dissenting judgement, three other judges agreed with the lead judgement read by Jummai Sankey; the judges are Abubakar Yahaya, Isaiah Akeju, and Bitrus Sanga.
The appellate court faulted the tribunal judgment, and further stated that it was unknown to the law because Justice Peter Obiorah who prepared and read the lead judgement did not participate fully during the hearing of the petition. It further ruled that what Mr Obiorah did amounted to judicial hear-say, because the proceedings of February 6 when he was not in court was copiously copied in his lead judgement.
Mr Oyetola whose appeal was first heard by the court of appeal drew the attention of the court to the February 6 proceedings in which Mr Obiorah was absent at the tribunal, and did not sign the proceeding of that day.