Mr Oathman Musa, judge of an Abuja High Court on Tuesday nullified the nomination of Mr Ademola Adeleke, a
Senator, as candidate of Peoples Democratic Party (PDP), in the September 2018 governorship election in Osun State.
Adeleke, who represents Osun West Senatorial District at National Assembly was PDP’s candidate in the 2018 governorship election in Osun state.
Two Chieftains of All Progressives Congress (APC), Messers 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 governorship election in the state on grounds that he does not possess requisite educational qualification.
Delivering judgment in the suit Tuesday, Musa annulled Adeleke’s nomination on 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.
Musa further stated that the result Adeleke attached to his form CF001 which he submitted to Independent National Electoral Commission (INEC) was fake, as it was found to be different from the one presented to the court by principal of Ede Muslim High School, Ede, Osun State.
Meanwhile, Adeleke’s lawyer, Mr Nathaniel Oke has faulted the judgment on the grounds that the judge erred in law by going out of his 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 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 Federal Capital Territory (FCT) High Court confirmed that Adeleke sat for Senior Secondary School exams in May/June 1981.
The confirmation was contained in a four paragraph affidavit filed in compliance with the order of Musa requesting the examination body to confirm whether the governorship candidate sat for the 1981 exams.
Musa, had in a ruling delivered on September 11 directed that WAEC should depose to 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 Adeleke, sat for only English Language in the examination.
In arguing their case the plaintiffs, through their counsel, Mr Bankole Akomolafe, on Sept 11 claimed that the PDP candidate did not sit for WAEC examination in 1981 because the Senior Secondary School Certificate Examination had not been introduced in the country as at then.
They further 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