Aregbesola finally floors Omisore as Supreme Court affirms him as Osun Gov.

The controversies surrounding the Osun State Governorship election has been put to rest finally as the Supreme Court on Wednesday dismissed an appeal filed by Sen. Iyiola Omisore, challenging the Court of Appeal’s judgment, which affirmed Gov. Rauf Aregbesola’s election victory in Osun.

Omisore, the Peoples Democratic Party (PDP) governorship candidate in the election held on August 9, 2014, had challenged Aregbesola’s victory at the Election Petition Tribunal, and lost.

He had earlier appealed against the tribunal’s judgement at the Appeal Court but lost again as the court upheld the tribunal verdict.

Not satisfied, Omisore approached the Supreme Court to set aside the Appeal Court’s judgement, claiming that there was miscarriage of justice in the process.

He was however further proved wrong as the apex court’s panel of seven justices, in its judgement read by Justice Centus Nweze on Wednesday held that Omisore’s appeal was devoid of merit and dismissed it entirely.

The court in the unanimous judgment also upheld the concurrent decisions of the Court of Appeal, Akure Division, and the Osun Election Petition Tribunal, which had earlier affirmed Aregbesola’s election.

"There being no merit in the appeal, it is hereby ordered that the main appeal and cross-appeal are dismissed entirely ,’’ Nweze ordered.

The court also held that the appellant failed to prove the case of substantial election malpractice against the respondent, saying that the appellant’s arguments in that regard were mere speculations.

It said that the testimonies of the appellant’s witnesses were riddled with mistakes, errors and gaps, which made them untenable and unreliable.

Their testimonies did not weather the barrage of cross-examinations put to them and cannot stand as it is settled law that the burden of proof must lie with the appellant,’’ Nweze said.

The court also dismissed the preliminary objection raised by the respondent as ‘’unmeritorious’’ and allowed the cross-appeal on admissibility of exhibits earlier tendered before the election tribunal.
Omisore’s counsel, Alex Izinyon (SAN), had in his submission earlier urged the court to set aside the Appeal Court and Election Tribunal’s decisions as well as nullify the outcome of the governorship election, arguing that the election was fraught with irregularities.

Counsel to Aregbesola in the case, Akin Olujimi (SAN)while adopting his brief of arguments and written address had urged the court to dismiss the appeal and allow his cross-appeal.

The court ordered both parties in the case to bear their own costs.