The Supreme Court, on Monday, 8 May, 2023, reserved judgment in an appeal filed by Mr. Adegboyega Oyetola of the All Progressives Congress, APC, against the judgment of the Appeal Court, which upheld the election of Senator Ademola Adeleke as Governor of Osun State.
The five-member panel led by Justice John Iyang Okoro, after listening to counsel to Oyetola, Lateef Fagbemi, SAN, Adeleke, Oyeachi Ikpeazu, SAN and Alex Iziyon, SAN, who appeared for the PDP, said judgment would be delivered on Tuesday, 9 May, 2023 by 2pm.
Other members of the panel are: Justices M. Lawal Garba, Tijjani Abubakar, Adamu Ojauro and Akomaye Agim.
However, the Independent National Electoral Commission, INEC, represented by Prof. Paul Ananaba, SAN, did not file any process in the appeal being decided following the decision of the court and that of the counsel to consolidate all the appeal into one.
Attempt by Prof. Ananaba to offer explanation equally met a brick wall as the learned Justices requested him to take his seat to allow Ikpeazu make his submissions.
Ikpeazu contend that a voters register was a requirement to prove over-voting in the present circumstance.
In his adumbration, Fagbemi, SAN submitted that the Appeal Court ourt relied heavily on the old Electoral Act, specifically that of 2010 to draw its conclusion that a voter register was needed to prove over-voting.
Making reference to section 51 of the 2022 Electoral Act, which was used to conduct the Osun July 16 governorship election, Fagbemi, SAN noted that one does not need a voter register to establish over-voting.
