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Adeleke vs Oyetola: Appeal Court Reserves Judgment in Osun Governorship Debacle
The Court of Appeal, on Monday, reserved judgment in the appeal filed by Osun State governor, Ademola Adeleke, seeking to upturn the decision of the petition tribunal, which earlier nullified his victory in the governorship election.
Judgment in the matter will be given at a later date as a three-member panel led by Justice Mohammed Shuaibu takes the arguments and adopts the briefs of all parties in the suit.
During proceedings on Monday, counsel for Adeleke, Onyechi Ikpeazu (SAN) noted that a member of the panel, who is also a chief magistrate, did not give her opinion during the judgment delivery. Rather, she only signed her signature, arguing that the constitution mandates her to state her views in the suit.
Mr. Lateef Fagbemi, counsel for Oyetola, however, sumitted that merely signing the judgment, and not making any comment does not invalidate the judgment.
He noted that the case of over voting exceeded 6 polling units as claimed by the Appellant, adding that the anomaly was experienced in 744 polling units across the State.
Fagbemi further stressed that the findings of over voting were obtained from the back end server of INEC.
In their defence, however, Onyechi Ikpeazu argued that results stored in the backend server, are inconsistent and unreliable as they can be affected by internet connectivity and battery life of the BVAS used to upload the result.
These two factors according to him can affect the upload.
Adeleke’s counsel also stated that he conducted a physical examination on the BVAS, and it showed that over voting occurred in just six polling units, and not 744 as claimed by counsel for Oyetola.
Over-voting debate
Senator Adeleke who is candidate of the Peoples Democratic Party had won the said election held on July 16, 2022, the result which was nullified on the grounds of over-voting.
Adeleke had in February, appealed the judgement of the Osun State Governorship Tribunal which nullified his election.
The tribunal ruled in favour of former Governor Gboyega Oyetola. While delivering the judgment, two out of the three-member panel of the tribunal held that Oyetola proved that there was over-voting in some of the polling units.
But Adeleke rejected the ruling and described it as a “miscarriage of justice”.
Weeks later, the governor filed an appeal before the Akure division of the Court of Appeal.
In the 31 grounds of appeal filed on Wednesday, Adeleke prayed the court for “an order setting aside the whole decision of the tribunal”.
The governor equally sought “an order striking out the petition for want of competence and jurisdiction or in the alternative, an order dismissing the petition on the merit”.
“The second respondent cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun State,” the governor said.
“The tribunal, in its judgment, erred in law and displayed bias against the appellant when it made reference to the appellant’s dance at his inauguration as governor of Osun State, which was never an issue before the lower tribunal,” Adeleke noted.
“By referring to the appellant’s personal eccentricity for dancing, the lower tribunal derided and mocked him in a manner suggesting that it was biased against him.
“The appearance of bias manifests in the reference to the Appellant’s proclivity for dancing and particularly the Buga song, has rendered the decision of the lower tribunal a nullity.
“The tribunal in its judgment erred in law in returning the 1st respondent as the duly elected candidate without due regard to the enormity of the voters in the units where the results were cancelled for over-voting.”
The Supreme Court has reserved its judgment in the appeal filed by the Taminu Turaki-led group of the Peoples’ Democratic Party (PDP) seeking to overturn the judgment of the Court of Appeal, which nullified the conduct of the party’s national convention, held last year in Ibadan, Oyo State.
A five-member panel of the apex court announced on Wednesday that its judgment would be delivered on a date to be communicated to all parties in the appeal.
Justice Garba Mohammed, who led the five-member panel, made the announcement shortly after lawyers representing parties in the appeal adopted their processes as briefs of their arguments for and against the appeal.
The appeal was filed by the Turaki-led group’s national executives of the party who emerged from the convention.
They had approached the apex court to challenge the judgment of the Court of Appeal, which had nullified the convention for being held in disobedience of a valid order of the court.
While adopting their brief of argument filed on April 2, the appellants, through their team of lawyers led by Paul Erokoro (SAN), urged the Supreme Court not only to allow their appeal but also to dismiss a cross-appeal lodged against them by a leadership group in the party aligned with the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
Meanwhile, Lamido, who was represented by J. C. Njikonye (SAN), as well as the Wike-backed group represented by Joseph Daudu (SAN), filed preliminary objections seeking dismissal of the appeal.
The respondents insisted that, contrary to the contention by the Turaki-led group, the appeal did not fall within the sphere of the PDP’s internal affairs.
It was the respondents’ position that both the high court and the appellate court had rightly exercised jurisdiction over the matter.
Justice Peter Lifu of the Federal High Court in Abuja, in a judgment last year, restrained the then-Ambassador Iliya Damagum-led National Executive Committee of the PDP from proceeding with the convention slated for November 15 and 16, 2026, in Ibadan, Oyo State.
Justice Lifu had ordered that the convention should not hold until an aspirant to the office of national chairman, former Jigawa State Governor Sule Lamido, is allowed to purchase interest and nomination forms to enable him to participate in the convention for the election of national officers.
The party, however, went ahead to conduct the convention in disregard of the orders of the court.
The PDP had predicated its action to conduct the convention on the grounds that the court lacked the jurisdiction to stop the convention, as the issue brought before it was an internal matter of the PDP, which no court has jurisdiction to delve into.
However, the appellate court in its judgment last month disagreed that the issue at the trial court was an internal affair of a political party, which courts cannot entertain.
The three-member panel of the appellate court subsequently nullified the outcome of the convention for being held in disobedience to the orders of the Federal High Court, Abuja.
Dissatisfied, the PDP approached the apex court, praying it to accept the appeal against the lower court judgment, set the judgment aside, and hold that the issue was an internal matter of the PDP, which both the Court of Appeal and the Federal High Court lacked jurisdiction to entertain.
However, the respondents in the appeal urged the court to dismiss the appeal for lack of merit and hold otherwise.
The Court of Appeal in Abuja has dismissed the appeal filed by Julius Abure challenging the legitimacy of the Nenadi Usman-led leadership of the Labour Party (LP).
A three-member panel of the appellate court, in a Tuesday judgment, unanimously affirmed the January 21 judgment by Justice Peter Lifu of the Federal High Court in Abuja, which upheld the legitimacy of the 29-member caretaker committee of the LP, led by Senator Usman.
In the lead judgment delivered by Justice Oyejoju Oyewumi, which Justices Abba Mohammed and Eberechi Nyesom-Wike agreed with, the appellate court held that the earlier Supreme Court judgment conclusively settled the leadership dispute within the LP by nullifying the convention that purportedly returned Abure as National Chairman.
Justice Lifu had, in the January 21 judgment, relied on an April 4, 2025, decision of the Supreme Court, which held that Abure’s tenure as the party’s National Chairman had expired. The judgment directed the Independent National Electoral Commission (INEC) to recognize Senator Usman and other members of her committee as the legitimate leaders of the party, to the exclusion of all others.
The court further held that the lower court had the power under Section 251 of the Constitution to compel a statutory Federal government agency to perform its functions when it ordered INEC to recognize Senator Nenadi Usman as the National Chairman of the Labour Party.
It was equally agreed with the trial court that constituting the LP’s caretaker committee, headed by Usman, was a doctrine of necessity required to provide leadership in the party when a vacuum appeared to exist.
The court faulted Abure’s claim that the trial court denied him a fair hearing and accused him of abusing the court process.
The court also accused Abure of forum shopping by appearing before the Nasarawa State High Court in a case already decided by the Supreme Court, and of persisting in the claim the party’s leadership despite the apex court’s clear and unambiguous pronouncement.
It held that the appeal, marked: CA/ABJ/CV/255/2026, was devoid of merit and constituted an abuse of court process.
“On the whole, I agree with the decision and conclusion of the trial court as the same, being in accordance with the Constitution,” Justice Oyewumi held, adding that the lower court reached a reasonable conclusion that the Court of Appeal cannot fault.
While dismissing the appeal, the court awarded him costs of N10 million for wasting the court’s time on an issue that had already been conclusively determined.
Earlier, the court held that Nenadi Usman, as a juristic person, had the right to file the case before the trial court, and that the trial court had jurisdiction to hear and determine the case.
The court also rejected Abure’s allegation that the lower court denied him a fair hearing, noting that the claim lacked any basis.
President Bola Tinubu has approved a minor cabinet reshuffle in the membership of the Federal Executive Council (FEC).
According to a memo signed by the Secretary to the Government of the Federation, Senator George Akume, two cabinet members, Mr. Wale Edun and Arc. Ahmed Musa Dangiwa are to leave the cabinet while their replacements have been named.
A statement signed by the Special Adviser, Media and Publicity to the Secretary to the Government of the Federation, Yomi Odunuga, on Tuesday evening, said Edun, until the latest development, was the Minister of Finance and Coordinating Minister for the Economy.
“He has been directed to hand over to Mr. Taiwo Oyedele, who is now to take over as Minister of Finance and Coordinating Minister of the Economy. Oyedele was formerly a Minister of State in the ministry.
“Also Mr. Muttaqha Rabe Darma (PhD.) has been named as the ministerial nominee and minister-designate for the Housing and Urban Development Ministry,” Odunuga stated.
The memo also directed Dangiwa to hand over to the Minister of State in the ministry pending Darma’s confirmation.
The memo stated that “all handing over and taking over processes should be completed on or before close of business on Thursday 23rd April, 2026.”
Explaining the President’s decision, Odunuga quoted Akume as saying: “These changes are aimed at strengthening cohesion, synergy in governance as well as achieving more impactful delivery on the economy to Nigerians, through the Renewed Hope Agenda.”
He said the President, in approving the cabinet reshuffle, has fully exercised his powers as conferred on him by Sections 147 and 148 of the Constitution of the Federal Republic of Nigeria (1999, as amended).
The President thanked the outgoing ministers for their services to the nation while wishing them the best in all their future endeavours.
The President, Akume noted, equally assured all cabinet members that “the process of reinvigoration shall be continuous.”
