The Independent National Electoral Commission (INEC) has appealed the judgement of the Election Petition Tribunal that nullified the victory of Osun state governor, Ademola Adeleke, in the July 16 governorship poll.
In the notice of appeal filed by Prof Paul Ananaba, SAN, dated February 8 and filed January 30, and obtained by Blueprint, INEC joined Adegboyega Oyetola, APC, Ademola Adeleke, and PDP as respondents.
The commission listed 44 grounds of appeal and asked the court to set aside the judgement 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.
A Tribunal panel led by Justice Tertsea Kume had nullified Adeleke’s victory and declared Oyetola as the duly elected governor at the poll in its judgement 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.
The INEC also said the Tribunal erred in law by using a table contained in the final written address of the petitioners to determine overvoting and deducted votes scored by the respondent.
The electoral body also dismissed the Tribunal’s claim that because it issued different accreditation reports, its conduct was tantamount to tampering with official documents.
It also said the allegation that it tampered with the official records was a criminal allegation that must be proven beyond a reasonable doubt, noting that there was no proof it tampered with any records before the panel.