Background
The governorship elections in Osun State held on 22 September 2018 were marred by allegations of electoral violence and irregularities, leading the Independent National Electoral Commission (INEC) to declare the election inconclusive. A rerun election was scheduled for 27 September 2018 in several polling units. After the rerun, Adegboyega Isiaka Oyetola was declared the winner by a narrow margin. Senator Ademola Nurudeen Adeleke, the candidate for the People’s Democratic Party (PDP), challenged this outcome, leading to a petition filed at the Osun State Governorship Election Tribunal.
Issues Before the Court
The major issues in this case included:
- Whether the majority judgment of the election tribunal was a nullity due to the absence of Justice Obiorah during certain crucial proceedings.
- The impact of the claimed absence on the validity of the court's decisions.
- Questions around the jurisdiction, the alleged non-compliance with election laws, and the nature of the responses from INEC.
Ratio Decidendi
The Supreme Court, interpreting sections 138 and 285 of the Nigerian Constitution and the Electoral Act, held that:
- The absence of one of the judges during a critical part of the proceedings undermined the tribunal's capacity to render a valid judgment.
- This absence constituted a substantial irregularity that vitiated the tribunal's authority and rendered its judgment a nullity.
Court Findings
The findings of the Supreme Court included that:
- Justice Obiorah did indeed not participate when key evidence was given, compromising the fairness of the proceedings.
- The rationale for declaring the election of 22 September inconclusive, and the subsequent rerun, was appropriately contested.
Conclusion
The appeal was dismissed because the court found that the tribunal's judgment could not stand due to the procedural lapses related to the absence of a key member during vital testimonies. This ruling reaffirmed the importance of compliance with judicial procedure and standards in maintaining public confidence in electoral processes.
Significance
This case underscored the critical importance of maintaining judicial integrity during electoral disputes. It established a significant precedent regarding the composition and conduct of election tribunals in Nigeria and highlighted that clerical errors, even if they seem minor, could lead to significant legal ramifications.