Delivering the lead judgement on Thursday, Justice Hannatu Sankey set aside the entire proceedings of the Tribunal because of its “faulty composition”.
She added that ordinarily the matter should be returned to the lower Tribunal but because it was a post-election matter where time cannot be expanded or elongated, the court cannot make an order of retrial.
Justice Sankey also resolved the remaining 11 issues in the appeal in favour of the appellant who is the Osun State governor.
According to her, the petitioner did not prove beyond reasonable doubt that there was substantial non-compliance to the Electoral Act by the absence of the ballot paper records.
The judge, therefore, set aside the judgment of the Osun State Governorship Election Tribunal delivered on March 22, returning Senator Ademola Adeleke as the governor of Osun State.
