By a split decision of two-to-one, the Osun three-man tribunal had in its verdict delivered on March 22, 2019 nullified the election of Oyetola and his party, the All Progressives Congress and declared Senator Ademola Adeleke as the winner of the poll.
But on Thursday, the Court of Appeal, in a four-to-one split decision of its five-man panel, led by Justice Jummai Sankey, nullified the majority verdict of the tribunal, which gave victory to Adeleke.
The Court of Appeal upheld Oyetola’s victory at the poll in three judgments delivered on separate appeals filed by the governor; his party (the APC); and the Independent National Electoral Commission, challenging the tribunal’s verdict.
Justice Sankey, along with three other members of the panel, Justices Abubakar Yahaya, Isaiah Akeju, and Bitrus Sanga, adopted the majority judgments on the three appeals, which went in favour of the APC and its candidate.
But a member of the panel, Justice George Mbaba, dissented from the majority judgments on the three appeals.
Justice Mbaba dismissed the three appeals and upheld the majority judgment of the tribunal which declared Adeleke the winner of the Osun State governorship election.
INEC had declared Oyetola and the APC the winner of the Osun State governorship election on the basis of the cumulative results of the September 22, 2018 main election and the September 27, 2018 supplementary poll. But the PDP and Adeleke filed their petition before the three-man Osun State Governorship Election Petitions Tribunal, contending that they were the true winners of the election.
The tribunal, in its March 22, 2019 split judgment of two-to-one, nullified Oyetola’s victory and declared Adeleke the winner of the election.