A Court of Appeal sitting in Ibadan, the Oyo State capital on Monday, delivered a judgement that has caused confusion among supporters of the All Progressives Congress (APC) and the Peoples Democratic Party (PDP).

The court upturned the ruling of the election petitions tribunal which had upheld Makinde’s victory as winner of the March 9 governorship election in the state.

The court, however, did not declare Adelabu winner, neither did it order the Independent National Electoral Commission (INEC) to conduct a fresh election.

According to Nigerian Tribune, the court held that there was a miscarriage of justice at the Oyo State Election Petition Tribunal because they should have considered every document submitted to prove its case and not lump it together and consider it as one, it did not give any consequential order to that effect.

The Appellate Court in its ruling resolved the four issues filed by Adelabu in favour of Makinde and dismissed the four reasons. The court had noted that it allowed the appeal because there were issues of a miscarriage of justice at the lower court but added that a judgement must be given after considering a situation in its entirety.

The five-man panel further noted that in this situation the 180 days mandated for the tribunal to operate had lapsed and there was consequently no reason to touch the ruling of the lower court.

The ruling has led to different interpretations by APC and PDP supporters who have taken to social media to explain.

A PDP supporter identified as Ayobami explained via his handle @dondekojo:

Today’s appeal court judgment in Oyo state should be understood as it is before people come on here to confuse you guys. The Judges ruled on a technicality, didn’t order a re-run or state that Seyi Makinde should vacate office. The court DID NOT Sack @seyiamakinde

It was a technicality based on filing of the case, The court didn’t say they should rerun or swear in @BayoAdelabu which would have been a loss for @seyiamakinde. The judgement was based on technicality of document rendering.

While you want for more details on the ruling, we already know about the formation and mood in the appeal court from day 1, today’s judgment doesn’t change anything and we expect @BayoAdelabu to now move to the Supreme Court.

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Olusegun Dada, a staunch supporter of the APC also took to his Twitter page to explain.

He wrote:

“Appeal court rules in favor of Bayo Adelabu

“After the 2019 guber elections, Seyi Makinde was declared winner of Oyo state guber election. APC’s, Bayo Adelabu Approached the Tribunal with the following prayers: 1. That Makinde was not duly elected by majority of lawful votes. 2. That the election was marred by over-voting.

“3. That INEC failed to failure to comply with the provision of Electoral Act. Adelabu, therefore, asked the tribunal to declare him the winner of the election, since he scored the highest number of lawful votes or the tribunal should nullify the election and order a re-run.

“On September 16, 2019, the 3 man Tribunal unanimously threw out Adelabu’s petition claiming he failed to prove the allegation of non-compliance, non-accreditation, over voting and corrupt practices and even fined him 200k for wasting the Tribunal’s time.

“Adelabu of course proceeded to the appeal court to fight the tribunal judgement and the appeal court’s verdict The COA today held that there was a miscarriage of justice by the Tribunal and the right to fair hearing of the Appellants (Adelabu) has been breached.

“The COA then settled the issues formulated in favour of Bayo Adelabu. But the COA could not make any consequential order which would have been to order a retrial by the tribunal because the time set for 180 days and prescribed by law for tribunals to hear the case has runout.

“So the Court of Appeal’s decision now is that even though 4 out the 5 of us agree you were wronged by the tribunal, there is nothing we can do for you besides put this on the record and then we pass the buck to the supreme court. End of thread”

 

See their tweets:

 

 

Today’s appeal court judgment in Oyo state should be understood as it is before people come on here to confuse you guys. The Judges ruled on a technicality, didn’t order a re-run or state that Seyi Makinde should vacate office. The court DID NOT Sack @seyiamakinde

— Ayobami (@dondekojo) November 11, 2019

After the 2019 guber elections, Seyi Makinde was declared winner of Oyo state guber election. APC’s, Bayo Adelabu Approached the Tribunal with the following prayers:
1. That Makinde was not duly elected by majority of lawful votes.
2. That the election was marred by over-voting

— Daddy D.O?? (@DOlusegun) November 11, 2019