Osun Election: Why Adeleke Can’t Get Certificate Now –INEC

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The Independent National Electoral Commission (INEC) can
issue a certificate of return to Sen Ademola Adeleke of the Peoples
Democratic Party (PDP) only if the embattled governor of Osun State,
Gboyega Oyetola fails to appeal the judgment of the tribunal that sacked
him within 21 days, the commission said yesterday.

The Osun State governorship election petition tribunal sitting in
Abuja had last week Friday in a split decision of two to one, nullified
the election of Oyetola of the All Progressives Congress (APC) and
declared Adeleke winner of of the 2018 gubernatorial election.

Justice Peter Obiora who delivered the majority judgment of the
tribunal ordered INEC to immediately issue a fresh certificate of return
to Adeleke as the lawful and validly elected governor of Osun State,
after declaring the September 27, 2018 re-run election as illegal.

Yesterday, rumours went round the social media with pictures suggesting INEC issued a certificate of return to Adeleke.

But going by Section 143(1) of the Electoral Act 2010 as amended, a
candidate whose election is set aside has a period of 21days from the
date of the decision of the court to appeal against such a ruling.

Wereports that if Oyetola fails to appeal the judgment, INEC will
have no option than to issue a certificate of return to Adeleke after
the 21 days window expired.

“The commission has not issued any new certificate in relation to
Osun State,” INEC National Commissioner and chairman, Information and
Voter Education Committee, Barr Festus Okoye told us while debunking
rumours that Adeleke has been issued a certificate of return.

“Section 143(1) of the Electoral Act gives a candidate whose election
is set aside a period of 21days from the date of the decision to appeal
against such a decision,” Okoye said while explaining why the
commission can’t issue a certificate of return to Adeleke.

“The person is entitled to remain in office pending the determination
of the appeal. The commission will only issue the certificate if appeal
is not lodged within 21 days. The commission has not issued any new
certificate in relation to Osun State,” Okoye added.

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