The Independent National Electoral Commission (INEC) says Ademola Adeleke would win the Osun governorship election even if results from polling units contested by Gboyega Oyetola, former governor, are exempted.

In August 2022, Oyetola and the APC petitioned the tribunal to challenge the victory of Adeleke, candidate of the Peoples Democratic Party (PDP) in the election.

Among several issues, Oyetola is contending that there was overvoting in 749 polling units across 10 LGAs of the state.

Citing sections 51 (2) and 47(2) of the Electoral Act during the adoption of his final written address on Friday, Lateef Fagbemi, counsel to the APC, urged the court to cancel results from polling units where the number of votes exceeded registered and accredited voters.

However, INEC in its final written address by Paul Ananaba insisted that Adeleke won the governorship poll.

“The petitioners complained of over-voting and infractions by picking 749 polling units to contend with from 1750 polling units, according to the first respondent witnessed (RW1),” he said.

“If a deduction of 1750 units was carried out from the total 3763 units in the state, the second respondent will still emerge as winner with over 20,000 votes”.

Ananaba also added that the commission can confirm that Adeleke was eligible to contest the election.

Onyeachi Ikpeazu, counsel to Adeleke, adopted all the tendered documents filed as its final written address and urged the tribunal to dismiss the petitioners’ application against his client.

In a previous session of the tribunal, Abimbola Oladunjoye, deputy director in the ICT department of INEC, had explained that there was “seemingly over-voting” because data from the BVAS machines had not been synchronised when the petitioners asked INEC for the BVAS accreditation data.

Tertsea Kume, chairman of the three-member tribunal panel, has reserved judgment in the matter for a later day.