The Supreme Court in a split judgment of five to two on Friday upheld the election victory of Governor Adeboyega Oyetola of Osun State.
In a lead judgment delivered by Justice Bode Rhodes-Vivour, on behalf of the five judges in favour, the court held the proceedings and judgment of trial tribunal a nullity on the grounds that Justice J. Obiora was absence on Feb. 26.
The two dissenting judges are Justice Kumai Akaah and Justice Paul Galinje.
The Peoples Democratic Party (PDP) and its candidate, Ademola Adeleke, had approached the apex court following the decision of the appeal court to pronounce Governor Oyetola as the winner of the election.
Adeleke prayed the court to uphold the ruling of the Osun Governorship Election Petition Tribunal that pronounced Adeleke as the legal winner of the election and discard the judgment by the appeal court.
Oyetola’s lawyer, Chief Wole Olanipekun (SAN) together with the counsel representing the Independent National Electoral Commission, Mr Yusuf Ali (SAN), and the All Progressives Congress counsel, Olumide Olujinmi, all urged the apex court to dismiss the appeal and retain Oyetola as the governor.