The Osun State Chapter of Nigeria’s ruling party, the All-Progressive Congress (APC) has announced that it is challenging the result of the Osun State election that produced Senator Ademola Adeleke of the People’s Democratic Party (PDP) as the incumbent governor of the state.
The Osun State Chairman of APC, Gboyega Famodun, said the party is dragging the Independent National Electoral Commission (INEC), the People’s Democratic Party (PDP) and Senator Ademola Adeleke (the winner of the gubernatorial election), to the Elections Petition Tribunal.
State of play
A contesting candidate in an election has a right to challenge the result if he or she can establish a locus standi. That is his or her capacity to challenge an election result. The categories of people that can file a post-election petition include a political party, a contested candidate in the election, “one who claims to have had a right to contest the election and one who claims to have had a right to be returned (as duly elected) at the election”.
According to Section 134(1) of the Electoral Act 2022, the grounds for the petition include:
- That the person returned as elected was at the time of the election, unqualified to contest.
- That the election was invalid because of corrupt practices or non-compliance with the Electoral Act.
- The respondent was not duly elected by a majority of lawful votes cast at the election.
What this means
According to APC’s lawyers, the party has enough grounds to challenge the result of the July 16th Osun State gubernatorial elections.