The Independent National Electoral Commission has appealed against the judgement of Justice T. A. Kume led Election Petition Tribunal in Osun State on 44 grounds.
INEC filed the the petition at the Court of Appeal in Akure, through its lawyer, Paul Ananaba (Senior Advocate of Nigeria) on Wednesday.
The electoral body claimed that the election petition tribunal committed a legal error by deciding on the merit of the petition without taking into account the various preliminary objections filed by the first respondent and challenging the petition’s competency and the election petition tribunal’s jurisdiction to hear the petition.
Adegboyega Oyetola, a former governor of Osun State, and his party, the All Progressive Congress, filed the case, criticizing the election body’s statement that Ademola Adeleke, a candidate for the People Democratic Party, had won the state’s governorship election on July 16th.
According to Oyetola, the APC’s petition, with reference number EPT/OS/GOV/01/2022, was based on Adeleke’s ineligibility to run for office and overvoting. On January 27, 2023, the Tribunal declared Oyetola to have been duly elected as the governor of the state.
The appellant claimed that Section 47(2) of the Electoral Act of 2022, which must be read consciously, communally, and holistically to determine the genuine intention of the legislature and justice, was completely misinterpreted by the Tribunal. According to Daily trust.
INEC asked the Appeal Court to issue an order overturning the entirety of the trial tribunal’s verdict and dismissing or dismissing the petition for lack of jurisdiction and competence.