Two justices of the Supreme Court last Friday delivered dissenting judgments and upheld Senator Ademola Adeleke as the winner of the Osun governorship election.
Justices Adamu Galinje and Kumai Akaahs held that Senator Adeleke scored the majority votes in the September 22 governorship election and fulfilled the constitutional requirement to be declared the winner.
Justice Galinje held that nullifying the proceedings of the election petitions tribunal on the grounds of the absence of Justice Peter Obiorah on only the proceedings of February 6 without a certified true copy of the original record of the proceedings tendered before the appellate court is “mere conjecture”.
“The appeal is meritorious and has to be allowed. I allow the appeal and set aside the court of appeal decision,” Justice Galinje said.
For his part, Justice Akaahs held that the apex court should have narrowed its consideration on whether the appellant (Adeleke) scored the highest votes in the main election as provided by the constitution.
“I hold that there was no need for the rerun election and declare that appellant is the winner of the election and should be declared the winner,” he said.