The Return of Adeleke

Ejiofor Alike reports that the political temperature in Osun State is set to rise with the return of the candidate of the Peoples Democratic Party in the 2018 governorship election, Senator Ademola Adeleke, who has declared interest in the 2022 governorship race and told Governor Adegboyega Oyetola to start preparing his handover notes

The candidate of the Peoples Democratic Party (PDP) during the 2018 governorship election in Osun State, Senator Ademola Adeleke, last week caused a stir in Osogbo, the state capital, when he returned to the state and announced that he was ready to flag off his campaign for the PDP governorship ticket, ahead of the 2022 governorship election.

Speaking at a welcome rally organised by the party at it Secretariat in Osogbo, Adeleke had urged interested parties to be modest with their campaigns in the interest of peace in the party and state in general.

“The ruling party has messed up the state since coming to power. I am appealing to the Governor, Mr. Adegboyega Oyetola to start preparing his handover notes because his days as Governor are numbered.

“I am back and ready to kick-start my campaign. PDP belongs to everyone, I can’t stop anyone interested in the party’s ticket from contesting it, but l appeal for decency among everyone for peace within the party and the state,” he reportedly said.

Adeleke, who is not new in the game, narrowly lost the 2018 election to Oyetola.

In fact, after the Independent National Electoral Commission (INEC) had declared Oyetola winner of the election, the Osun State Governorship Election Petition Tribunal sitting in Abuja, in March 2019, nullified the election of the All Progressives Congress (APC) candidate, and declared Adeleke as the valid winner of the September 2018 governorship election in the state.

The petitioners – Adeleke and the PDP had through their team of lawyers led by Dr. Onyechi Ikpeazu (SAN), prayed the tribunal to declare that Oyetola was not the valid winner of either the substantive poll that held on September 22, 2018, or the re-run election that took place on September 27, 2018.

The tribunal had in a split decision of two-to-one, said it was satisfied that there was merit in the petition the PDP and Adeleke lodged against the declaration and return of Oyetola of the APC as winner, based on the outcome of a supplementary governorship election that held in the state on September 27, 2018.

INEC had at the end of an initial election it conducted on September 22, cancelled results from seven polling units in four local government areas in the state, and ordered a re-run poll.

At the end of the re-run poll, INEC declared Oyetola winner which was disputed by Adeleke who filed a petition before the tribunal challenging INEC’s declaration.

The tribunal, in a lead ruling that was delivered by Justice Peter Obiora noted that none of the parties before it disputed the fact that it was the State Returning Officer that cancelled the initial election

The tribunal held that the State Returning Officer acted beyond the power that was allocated to him under the Electoral Act when he voided results and ordered supplementary election in the affected areas.

The tribunal nullified the Certificate of Return that was issued to Oyetola by INEC, and ordered the issuance of a fresh one to Adeleke.

A third member of the panel, Justice Ayinla Gbolagunte, concurred with the lead judgment and declared Adeleke winner of the Osun governorship election.

However, Chairman of the tribunal, Justice Ibrahim Sirajo, said he disagreed with the verdict, insisting that the petition lacked merit and ought to be dismissed.

The respondents were represented by Mr. Lasco Pwahomdi, Chief Wole Olanipekun (SAN), and Chief Akin Olujimi (SAN), respectively.

However, the Court of Appeal quashed the decision of the tribunal and reaffirmed Oyetola’s victory at the polls, which the Supreme Court also upheld.

Adeleke and the PDP appealed the appellate court’s decision but the Supreme Court, in a split judgment of five to two, dismissed the appeal.

In the lead judgment delivered by Justice Bode Rhode-Vivour, the Supreme Court, held that the appellate court was right to nullify the judgment of the Osun State Election Petition Tribunal that declared Adeleke winner.

It agreed with Oyetola’s lawyer, Olanipekun that the majority judgment of the tribunal amounted to a nullity since it was delivered by Justice Peter Obiora who did not participate in the entire hearing process.

The apex court noted that Justice Obiora was absent at the tribunal on February 6, when two witnesses, Ayoola Soji and Oladejo Kazeem, testified for the respondents, saying he therefore failed to observe the demeanor of the witnesses to warrant the final conclusion he reached in favour of Adeleke.

The Acting Chief Justice of Nigeria, Justice Tanko Muhammad and three other Justices: Kudirat Kekere-Ekun, Amiru Sanusi and Uwani Aba-Aji, concurred with the lead verdict

However, two other members of the panel, Justices Kumai Akaahs and Paul Galinje, disagreed and maintained that Adeleke won the election and ought to have been declared winner by INEC.

Before the election, the police had charged Adeleke for alleged examination malpractices in what was seen as an effort to stop him from contesting the election.

In fact the Federal Capital Territory (FCT) High Court sitting in Bwari Area Council had nullified his candidacy in the election.

The Abuja court had on April 4 disqualified Adeleke from participating in the polls on the ground that he did not possess the requisite qualification.

But the Abuja Division of the Court of Appeal dismissed the ruling of the FCT Court.

Justice Emmanuel Agim, who read the judgment, held that the defendant’s West African Examination Council (WAEC) certificate was not forged, adding that the testimony of the official from the organisation was also valid.

He stated that the suit was statute-barred and that the judgment delivered in 209 days by Justice Othman Musa ran foul of the constitutionally stipulated 180 days for adjudication on pre-election matters.

Justice Inyang Ekwo of the Federal High Court, sitting in Abuja, had also in January 2021 discharged and acquitted four persons accused alongside Adeleke, for alleged involvement in examination malpractices.

Justice Ekwo freed the defendants from the seven-amended-count-charge while delivering a ruling in their no-case submission against the suit.

The court had in 2020 freed Adeleke from the charges after it was withdrawn by the police.

Adeleke has indeed demonstrated that he is a dogged fighter and his return to the governorship race after his further studies abroad will change the political equation in Osun State.