The Independent National Electoral Commission (INEC) has appealed against the judgement of the election petition tribunal sacking Governor Ademola Adeleke.
The electoral body, through its counsel Paul Ananaba, SAN, on Wednesday, filed the petition at the Court of Appeal in Akure, on 44 grounds.
INEC in the appeal claimed that the election petition tribunal led by Justice Tersea Kume erred in law by failing to consider and rule on the various preliminary objections filed by the 1st respondent challenging the competency of the petitioner and jurisdiction of the tribunal.
It, however, sought an order of the Appeal Court to set aside the whole decision of the tribunal and dismiss and/or strike out the petition for want of competence and jurisdiction.
In January, the Election Petition Tribunal voided the election of Mr Adeleke and declared Gboyega Oyetola as the winner of the election.
Justice Kume led tribunal annulled the result declared by the electoral body which gave victory in the June 16, 2022 election to Mr Adeleke of the July 2022 election to Mr Adeleke of the Peoples Democratic Party (PDP).
The tribunal held that the governorship election was not held in compliance with Nigeria’s Electoral Act, ruling that the poll was characterised by over-voting.
It added that after deducting the excessive votes, Mr Oyetola of the All Progressives Congress (APC) polled more votes than Mr Adeleke.
The tribunal, therefore, ordered that Mr Oyetola should be returned as governor of Osun State.
The APC and Mr Oyetola faulted the declaration of Mr Adeleke on 17th of July, 2022, by the electoral body as the winner of the July 16th governorship election in the state.
Mr Oyetola said APC premised their petition with reference no: EPT/OS/GOV/01/2022, on Mr Adeleke’s ineligibility to contest and over-voting and the Tribunal on 27th January 2023 declared Oyetola as the validly elected Governor of the state.