..... the entire proceedings and the judgement of the Osun State Governorship Election Tribunal a nullity. I hereby set aside the entire proceedings including the judgement," she ruled.
Justice Sankey also faulted the tribunal's decision to declare the supplementary election as illegal as well as cancelling results of 17 polling units even though Adeleke did not prove over-voting took place.
She said, "The absence of proper ballot accounting in the Forms EC8A in the 17 polling units is not a substantial non-compliance and did not substantially affect the results of the election.
"The only appropriate order is for a rerun election as provided under section 140(2) of the Electoral Act but not to recompute the results of the election and proceed to declare the 1st respondent or any other person the winner of the election.
"The tribunal was in patent error when it set aside the rerun election especially when it found that the conduct of the rerun was not marred by malpractices and non-compliance with the Electoral Act, leading to the unwarranted disenfranchisement of the voters in the seven polling units."
Justices Abubakar Yahaya , Isaiah Akeju , and
Bitrus Sanga , agreed with Justice Sankey's. ....... The above except from the appeal court judgement sets a stage for the judgement at the supreme court on Friday. Arising questions are :Will the supreme court overrule itself? will the supreme court contradict itself? Will supreme court expunge section 140 and 250 of the constitution? Will supreme court set aside previous judgements on rerun elections and absence of the justice even in a day during hearing?Will the Supreme court not confirm Oyetola on Friday? Will the supreme court order rerun election in 17 polling units and 7polling units where rerun took place? Will the supreme court say constitution and electoral laws are not related again?Will the Supreme court overrule all its precedents relating to Osun election? The final decision is in the hand of CJN Tanko Mohammed and his team.As for me my personal opinion without reservation to anybody or any aggrieved individual or group is: The Supreme court will confirm Oyetola as governor or order a rerun in 17 contested poling units and 7 polling units where rerun took place.