Gboyega Oyetola of the All Progressives Congress, APC, is the true winner of the Osun State governorship election, the Court of Appeal sitting in Abuja has ruled.
The ruling which was given on Thursday followed the appeal against the tribubal ruling which declared Ademola Adeleke of the Peoples Democratic Party, PDP, winner of the election.
The lower court had ordered Oyetola to vacate the seat for Adeleke.
The argument of the tribunal was that the re-run election which saw Oyetola as the winner of the election was illegal.
It said the returning officer that cancelled the votes in some affected polling units did not have the power to do so.
The rerun was held after the first election which did not bring out a clear winner.
In its argument against the ruling in favour of Adeleke, Oyetola said the judgment was based on “judicial hearsay.”
According to him, as represented by his lawyers, Peter Obiorah who read the tribunal’s judgement was not fully active during the proceeding of the tribunal.
Oyetola’s position that the jugdement giving victory to be nullified was granted by the Court of Appeal.
Delivering the lead judgment as endorsed by four of a five-member panel, Jummai Sankey, the Court of Appeal said Oyetola remained the winner of the Osun State governorship election.
Obiorah’s absence during the tribunal’s sitting, according to the court, made the proceeding and its judgement a nullity.