Independent National Electoral Commission (INEC) on Wednesday urged the Court of Appeal in Abuja to return Adegboyega Oyetola of All Progressives Congress (APC) as governor of Osun State.
Oyetola and APC also joined in the prayer to five-man panel of justices of the court led by Justice Hannatu Sankey.
Osun State Governorship Election Tribunal had on March 22 declared Ademola Adeleke of Peoples Democratic Party (PDP) as the duly-elected governor of the state, ruling that the re-run election was unconstitutional.
INEC counsel, Yusuf Ali, said the lower tribunal made its decision in error.
He said Adeleke and PDP failed to prove over-voting in the election, adding that the results from both the September 22 and September 27, 2018 elections were true reflection of the exercise.
Counsel to both Adeleke and PDP, Oyechi Ikpeazu, said the Electoral Act did not empower INEC to willingly cancel election when a winner had clearly emerged.
“Our contention has always been the non-declaration of Adeleke after he was clearly in the lead and it was resounding that the tribunal eventually right the wrong,” he said.
Justice Sankey reserved judgment on the appeals after counsels adopted all their addresses.
