The Osun State Election Petition Tribunal on Friday issued a fresh order, directing the National Chairman of the Independent National Electoral Commission (INEC) to produce the Certificates and other documents of the state Governor-elect, Ademola Adeleke used in the 2018 governorship election. The same day, a Federal High Court sitting in Osogbo on Friday has sacked Chairmen of 30 Local Government Areas, 32 Local Council Development Areas, 7 Area Offices, and 393 councilors in the state elected on the platform of All Progressives Congress (APC) on October 15th, 2022.
According to The Nation, The Tribunal’s fresh order to INEC followed the failure of the state Resident Electoral Commissioner (REC) to produce the certificates in the previous sitting and arguments of counsel to INEC, Adeleke, and Peoples Democratic Party (PDP) that the Subpoena issued was addressed to REC not Chairman of the commission who is in the custody of the certificates. The panel which was chaired by Justice Tertsea Kume, after listening to the argument of the counsel to Oyetola and other respondents, adjourned the ruling till today.
Reading the ruling on Friday, the tribunal said an application for Subpoena is an Administrative Act and when it is granted, it becomes Judicial Act and the party upon which the Subpoena is issued must comply, citing Sections 218 and 219 of the evidence act. The panel said the application was consequent to the failures of the state REC of the commission to produce the documents requested in the Subpoena. According to the ruling, the petitioners have shown sufficient reasons for the Tribunal to compel the National Chairman of INEC to produce the documents in question.
It then dismissed all the objections raised by the counsel for INEC, Adeleke, and PDP and compelled the National Chairman of the commission to produce the documents in the next sitting of the panel on Thursday, December 1st, 2022.
Meanwhile, while announcing the sack of 69 council chairmen and 393 councilors elected in October on the platform of the ruling APC in Osun State, Justice Nathaniel Ayoola said that the election conducted by Osun State Independent Electoral Commission (OSIEC) on October 15th, 2022 contravened Sections 29 and 32 of the Electoral Act, 2022. According to him, “OSIEC law is inconsistent with sections 29 & 32 2022 Electoral Act that provides 180 days notice.
“Notice of election is fundamental. Section 150(3) of the Electoral Act says any election conducted in violation of the provision of the law shall be invalid. I hold the view that the plaintiff has made a good case. The case is held in favor of the plaintiff and against the respondents. The election held on 15 October 2022 is hereby declared unconstitutional, invalid, null, and void. All persons or individuals occupying those offices are sacked.”
