The Independent National Electoral Commission, INEC, has appealed the judgment of the Election Petition Tribunal that sacked Governor Ademola Adeleke of Osun State.
INEC filed the petition at the Court of Appeal in Akure, through its lawyer, Paul Ananaba SAN on Wednesday.
The electoral body said the election petition tribunal erred in law by failing to consider and rule on the various preliminary objections filed by the 1st respondent.
In the Notice of Appeal dated 30th January 2023, filed before the Court of Appeal, Akure Division, the commission listed 44 grounds of appeal and asked the court to set aside the ruling of the Tribunal.
The appellant also asked the court to dismiss the petition filed by All Progressives Congress and its candidate at the poll, Adegboyega Oyetola, for lacking in merit.
INEC sought an order of the Appeal Court to set aside the whole decision of the trial Tribunal and dismiss and/or strike out the Petition for want of competence and jurisdiction.
The Tribunal led by Justice Tertsea Kume had nullified Adeleke’s victory and declared Oyetola as the duly elected governor at the poll in its judgment of January 27, 2023. The panel said over-voting was established in 744 polling units and deducted the excess votes from the votes garnered by Adeleke and Oyetola.