Adeleke qualified to contest Osun polls – Appeal Court rules, awards N3m against petitioners

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The Court of Appeal in Abuja has on Thursday ruled that Senator Ademola Adeleke was qualified to contest the September 2018 governorship election in Osun State.

Justice Emmanuel Agim, who read the lead judgment of the Court of Appeal, awarded the cost of N3m against the plaintiffs who instituted the suit before the FCT High Court — Wahab Raheem and Adam Habeeb — who were respondents to the appeals filed by Adeleke and his party, the Peoples Democratic Party (PDP).

The respondents had approached the Appeal Court to challenge the April 2, 2019 judgment of the High Court of the Federal Capital Territory, Abuja, which had declared Adeleke ineligible to contest the election for allegedly forging his secondary school credentials submitted to the Independent National Electoral Commission in 2018.

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Justice Othman Musa of the FCT High Court had also declared Adeleke a dropout of the Ede Muslim Grammar School in Ede, Osun State, and thus was not qualified under Section 177(d) of the Constitution to contest last year’s governorship election in Osun State.

However, Justice Emmanuel Agim, who delivered the lead judgment of the Court of Appeal, held that the suit, having not been filed within 14 days after Adeleke’s Form CF001 was submitted to INEC or 14 days after his name was published as a candidate in the September 2018 election, the suit filed before the FCT High Court, by virtue of Section 285 of the Constitution, had become statute-barred.

He also held that the failure of the FCT High Court to deliver its verdict within 60 days of the filing of the suit had rendered the lower court’s judgment a nullity.

Admitting in evidence the West African Examination Council and result ledger, the Court of Appeal ruled that  Adeleke was not a dropout but actually sat the May 1981 examination of the body at Muslim Grammar School, Ede.

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