Justice Oathman Musa of an Abuja High Court sitting in Bwari Area
Council of Abuja Tuesday nullified the nomination of Senator Ademola
Adeleke as candidate of the Peoples Democratic Party (PDP) in the
September 2018 governorship election in Osun State.
Adeleke, who represents Osun West Senatorial District at the National
Assembly, was the PDP
candidate in the 2018 governorship election in
Osun state.
Two Chieftains of the All Progressives Congress (APC), Wahab Raheem
and Adam Habeeb, had in 2018 barely few days to the governorship
election in Osun State dragged Adeleke to court, accusing him of not
possessing the requisite educational qualification (secondary school
certificate) to contest for the office of governor.
They prayed the court for an order to disqualify Adeleke from
participating in the September 22 governorship election on the grounds
that he does not possess the requisite educational qualification.
Delivering judgment in the suit Tuesday, Justice Musa annulled
Adeleke’s nomination on the grounds that Adeleke offended section 177 of
the 1999 constitution as amended. The section stipulated that
candidates for the position of governor must be educated up to secondary
school level.
According to Justice Musa, while the court’s findings showed that
Adeleke entered secondary school in 1976, there was no record to show
that he actually graduated as his name was no longer seen in the
school’s register from 1980.
Justice Musa stated that the result Adeleke attached to his form
CF001, which he submitted to the Independent National Electoral
Commission (INEC) was fake as it was found to be different from the one
presented to the court by the principal of Ede Muslim High School, Ede,
Osun State.
Meanwhile, Adeleke’s lawyer Nathaniel Oke SAN has faulted the
judgment of Justice Musa on the grounds that the judge erred in law by
going out of hiy way to source for evidence to arrive at his “unjust
conclusion”.
He submitted that the court erred particularly when it ignored WAEC
evidence that Adeleke was educated up to secondary school level as
required by law.
While he disclosed that they will immediately commence filing of
their appeal against the judgment, the senior lawyer expressed
confidence that the judgment cannot stand at Appeal Court.
It would be recalled that the West African Examination Council (WAEC)
during the court’s proceedings confirmed that Adeleke sat for the
May/June examination of the council in 1981.
The council in an affidavit deposed to by one Osindeinde Adewunmi and
filed at the registry of the Federal Capital Territory (FCT) High Court
confirmed that Adeleke sat for the Senior Secondary School exams in
May/June 1981.
The confirmation was contained in a four paragraph affidavit filed in
compliance with the order of Justice Oathman Musa requesting the
examination body to confirm whether the governorship candidate sat for
the 1981 exams.
Justice Musa, had in a ruling delivered on September 11 directed that
WAEC should depose an affidavit, to either deny or confirm that Adeleke
sat for the Exams the Council conducted at Ede Muslim High School in
Ede, Osun State in 1981.
It equally said the examination body should file the ledger
containing results of Ademola and his mates with whom he sat for the
examinations, as well the verifying affidavit, within five days of being
served with the enrolled order dated September 11.
WAEC however in the sworn affidavit confirmed that, Adeleke with
center number 19645 and candidate number 149 indeed sat for the Senior
Secondary School Certificate Examination in May/June 1981 conducted by
the council at Ede Muslim School situate at P.O. Box 6 Yidi Road, Ede,
State of Osun.
Accompanying the affidavit was a ledger containing the result of all
candidates (001-221) who sat for the Senior Secondary School Certificate
Examination in the said school.
The certified true copy of the ledger which is marked as exhibit WA1,
however showed that Senator Adeleke, sat for only English Language in
the examination.
In arguing their case the plaintiffs in through their counsel,
Bankole Akomolafe, on September 11 claimed that the PDP candidate did
not sit for the WAEC examination in 1981 because the Senior Secondary
School Certificate Examination had not been introduced in the country as
at then.
They alleged that the NECO examination he claimed to have sat for
could not be genuine because National Examination Council (NECO) had not
been established at the time Adeleke claimed to have sat for the
examination.
● THISDAY
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