Adeleke Of PDP Cannot Be Conferred With Certificate Of Return Now –INEC
The Independent National Electoral Commission (INEC) can only issue a certificate of return to Sen Ademola Adeleke of the Peoples Democratic Party (PDP) if the embattled governor of Osun State, Gboyega Oyetola fails to appeal the judgment of the tribunal that nullified his election within 21 days, the commission is reported as saying.
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 around 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.
“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 an appeal is not lodged within 21 days. The commission has not issued any new certificate in relation to Osun State,” Okoye added.