The Ademola Adeleke Campaign Organization (AACO) says the judgment by an Abuja High Court which nullified the candidacy of Senator Ademola Adeleke as the flagbearer of the Peoples Democratic Party in the September 2018 governorship election in Osun State on allegations of certificate forgery cannot be allowed to stand.

The High Court sitting in Bwari had on Tuesday nullified Adeleke’s nomination on the grounds that the senator did not possess the requisite educational qualification to run for the office of Governor.

The plaintiffs, Wahab Raheem and Adam Habeeb had on September 11, 2018 approached the court through their counsel, Bankole Akomolafe, claiming 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 at that time.

During the court’s proceedings, the West African Examination Council (WAEC) had through a four paragraph affidavit confirmed that Mr. Adeleke sat for the May/June examination of the council in 1981.

Delivering judgment in the suit, the presiding judge, Justice Othman Musa annulled Senator Adeleke’s nomination on the grounds that he breached 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 got admitted to 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 further stated that the result Mr Adeleke attached to his form CF001 which he submitted to the Independent National Electoral Commission (INEC) was faked, as it was found to be different from the one presented to the court by the principal of Ede Muslim High School, Osun State.

 

Reacting to the judgment, the AACO through a statement issued by its counsel, Niyi Owolade on its behalf said the verdict subverted justice by ignoring four critical evidences to rule against validated facts and submissions.

“We received with bewilderment the judement of a Bwari High Court on allegation of forgery against Senator Ademola Adeleke and his qualification to contest in the governorship election of Osun state.

“The judgment delivered today subverted justice by ignoring four critical evidence to rule against validated facts and submissions.

“While we are set to appeal the judgment, we also find it compelling to put the records straight by listing out the fatal flaws in the ruling and why it cannot stand before any court.

“It would be recalled first of all that the matter in question has been addressed by two High Courts’ ruling, affirming that in the face of the constitution, Senator Ademola Adeleke is qualified to run for the governorship office.

“The two rulings delivered in September 2018 held that Senator Adeleke satisfied all requirements of the law to contest for office. It is trite in law that once a court of coordinate jurisdiction has ruled on a matter, court of similar jurisdiction cannot entertain it. Shockingly, the Bwari judge breached this precept to subvert justice.

“Secondly, we want to note that the judge further erred in law by failing to take note of the expiration of 180 days for ruling on pre-election matters. Even when a December 2018 judgment with respect to the issue was presented, the judge chose to ignore it.

“We note that the judge violated the law by adjudicating over a matter whose filing and hearing period has expired.

“Thirdly, the West African Examination Council was also subpoened by the court at the instance of the two APC plaintiffs (working covertly with some moles within PDP) to present evidence of facts that Senator sat for the WASC Exams.

“The council produced the listing of all students who sat for the May/June examination in 1981 alongside the Senator in addition to the certified true copies of his school certificate result.

“From the evidence produced by the Council, it is crystal clear that Senator Ademola Adeleke was indeed educated beyond the minimum requirement of “up to secondary school level” as stipulated by law and therefore qualified to run for the office of governor in accordance with section 177 (D) of 1999 CFRN (as amended). Notwithstanding, the judge still went ahead to rule otherwise. 

“The only statutory body empowered by law to determine authenticity of a secondary result is the West African Examination Council and they confirmed the authenticity of Senator Adeleke’s result by producing a CTC of the same result. What evidence did the judge therefore base his ruling on?

“Fourthly, the plaintiffs, shocked by WAEC’s testimony again subpoened the school principal to appear in court to produce evidence of facts as well as to confirm the authenticity of the statement of results.

“The principal appeared and confirmed that the statement was genuinely issued by the school and that any error noticed on the statement was that of the school, not that of Senator Adeleke.

“The school did not at any point disown the statement of results. The school owned up to the error which was not about forgery.

“From the foregoing, we affirm that today’s judgment of the Bwari court is a travesty of justice, a purchased ruling designed to negatively affect the outcome of Osun governorship judicial process. 

“We declare unequivocally that the ruling being so glaringly against tested facts and the law cannot stand. It is also clear that the ruling cannot in any way stop the reality that Senator Ademola Adeleke fulfilled constitutional requirements to be Governor of Osun State.

“We appeal to our numerous supporters and good people of Osun state to remain calm. This is another failed bid in the efforts of detractors and enemies of democracy. Senator Ademola Adeleke is not only qualified but by the grace of God will soon be sworn in as the legitimate Governor of Osun State,” the statement read.