Atiku, Obi Vs Tinubu: Supreme Court Judgment On Osun Will Guide Presidential Tribunal Decisions – Lawyer

The Supreme Court judgment which affirmed the election of Osun State Governor, Ademola Adeleke, will serve as judicial precedent or guidance for election-related matters in Nigeria including those currently at the Presidential Election Petition Court, Barrister Omalade Matthew Koledolapo told THE WHISTLER on Tuesday.

The doctrine of judicial precedent is a pattern in law whereby judges follow previously decided cases of higher courts particularly where the facts are similar.

The apex court held in the case between former Osun State, Adegboyega Oyetola and Adeleke that the former’s claim that over-voting occurred in 744 polling units in the state could only be proved using evidence from the Bimodal Voter Accreditation System, BVAS machine, voters register and INEC’s Form EC8.

“It is glaring that the appellant did not provide in evidence, any BVAS, but sought to prove over-voting by means of a report of examination of INEC’s database or backend server.

“In the light of the foregoing, I hold that it is the record in the BVAS machine of the accredited voters or a certified true copy of an INEC certificate of that record for each polling unit that can prove the number of accredited voters in a polling unit on the day of the election and nothing else,” the court held on Tuesday while upholding Adeleke’s victory.

Reacting after the court rose, Koledolapo told THE WHISTLER that because the rules of court deal with judicial precedent, today’s Supreme Court verdict is a “starting point in our electoral process.”

He said it will serve as a precedent on subsequent election-related matters in Nigeria.

“Of course, the presidential election petitions will end at the Supreme Court,” Koledolapo said.

Meanwhile, President Muhammadu Buhari has described the Supreme Court judgment on Adeleke as “the final decision”.

“Let me also recognize and acknowledge the important role of the judiciary in deepening rule of law and democracy in Nigeria,” Buhari tweeted on Tuesday.