The Court of Appeal has upturned the victory of Senator Ademola Adeleke, the candidate of the Peoples Democratic Party (PDP) in the Osun State governorship election.
Mr Adeleke was declared winner of the gubernatorial race at the state election tribunal in March.
His victory was challenged by Gboyega Oyetola, candidate of the All Progressive Congress (APC) that was declared winner by the Independent National Electoral Commission (INEC), at the Appellate Court.
Mr Oyetola whose appeal was first heard drew the attention of the court to the February 6 proceedings in which Justice Peter Obiorah was absent at the tribunal and did not sign the proceeding of that day.
The appellant contended that what Mr Obiorah did amounted to judicial hear-say because the proceedings of February 6 when he was not in court was copiously copied in his lead judgement.
Insisting that judicial hear-say has no place in law, Mr Oyetola asked the appeal court to quash the judgement, allow the appeal and uphold the governorship election.
Setting aside the judgement of the tribunal, a five-member panel of the appeal court led by Jummai Sankey, faulted the judgment as unknown to the law because Obiorah who prepared and read the lead judgement did not participate fully during the hearing of the petition.