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Tag: Ademola Adeleke

  • Alleged certificate forgery: Osun voters seek Senator Adeleke’s sack

    Electorate in the Osun West Senatorial District of Osun State, currently being represented by Senator Ademola Adeleke have commenced move to have him sacked following an Abuja Court’s judgment, which held that he has no secondary school certificate.

    Akinwale Olaniyi and Akinjide Monsuru from Egbedore and Irewole Local Government Areas, in Osun West Senatorial District, said they were misled into voting Adeleke during the last senatorial election in the district on July 8, 2017 because he claimed to have lived his adult life in America.

    Olaniyi and Monsuru have filed a suit at the Federal High Court in Abuja, seeking to sack Adeleke as Senator on the grounds that he allegedly lied to the Independent National Electoral Commission (INEC) about his academic credentials by purportedly presenting a fake Secondary School testimonial to INEC.

    Adeleke was elected Senator in 2017 as the candidate of the People’s Democratic Party (PFP) following the demise of his senior brother, Isiaka Adeleke, who represented the district until his sudden death in 2017.

    Olaniyi and Monsuru stated, in the suit, marked: FHC/ABJ/ CS/462/2019, filed on April 26, 2019, that they voted for Adeleke at the election because he claimed to have lived and schooled in the United States of America.

    The plaintiffs said they felt let down, fooled and were devastated when a High Court of the Federal High Court (FCT) in Bwari, Abuja found, in a judgment delivered on April 2, 2019, that Adeleke presented fake credentials to INEC for the election.

    They are praying the court to declare among others, that, by the provisions of sections 65(2)(a)of the Constitution and 31(6) of the Electoral Act and the judgment of the FHC High Court, Adeleke was not qualified to have contested the Senatorial election.

    The plaintiffs also want the court to void the declaration of Adeleke as the winner of the said election in view of the court judgment and the provisions of sections 65(2)(a)of the Constitution and 31(6) of the Electoral Act.

    They want the court to order INEC to withdraw the certificate of return issued to Adeleke, and to give a perpetual order of  injunction, restraining Adeleke “from parading himself as a Senator representing Osun West in the Senate.

    The plaintiffs equally want the court to order Adeleke to refund all that he earned while he occupied the seat and to restrain the Senate President and the Senate form further recognizing Adeleke as a Senator.

    Olaniyi stated, in a supporting affidavit, that “one of the selling points of the 1st defendant (Adeleke) during the campaign was that he had resided in the United States of America for most parts of his adult life, and he actually returned therefrom to re resent my said senatorial district at the 3rd defendant (The Senate).

    “Myself and the 2nd plaintiff (Monsuru) believed honestly that the 1st defendant must have been well educated in the United States of America, hence, we voted for him at the elections to represent us at the 3rd defendant despite not being members of the 2nd defendant (People’s Democratic Party).

    Read Also: PDP raises alarm over Adeleke’s safety

    ” I was shocked to the marrow when a neighbour informed me, while in the company of the 2nd plaintiff  on 22nd April, 2019, that a High Court of the Federal Capital Territory, holden at Court No. 13, Bwari, Abuja, in Suit No: FCT/HC/BW/CV/ 122/2018 had delivered a judgement, wherein the Secondary School testimonial attached to the Form CF001 submitted by the 1st defendant in the course of his aspiration to become the governor of Osun State was fake, and that the 1st defendant was not qualified, based on same, to contest for the position of Governor, as provided by our laws.

    “I was also mocked by my friends and relatives, who were present when the information regarding the aforementioned judgement of court was given, as they had earlier warned me against my decision to vote for the 1st defendant at the said senatorial election.

    “On enquiry, the said neighbour gave me a certified true copy (CTC) of the judgement of the High Court of the Federal Capital Territory, holden at Court No. 13, Bwari, Abuja in Suit No: FCT/HC/BW/CV/122/2018 delivered on 2nd April, 2019, which he obtained after he had paid the assessed fees.

    “I thereafter made an application to the 5th defendant (INEC) for the release of certified true copies of the Form CF001 and attached documents submitted to the 5th defendant by the 1st defendant in the course of his aspiration for the seat of Senator, representing Osun West Senatorial District, and same was given to me after I paid the assessed fees for same.

    “When I compared the Secondary School testimonial attached to the Form CF001 submitted by the 1st defendant to the 5th defendant, as evidence of his education up to school certificate level during his aspiration to represent Osun West Senatorial District, with the one described in the judgement delivered by the High Court of the Federal Capital Territory, Holden at Court No. 13, Bwari, Abuja in Suit No: FCT/HC/BW/CV/ 122/2018 on 2nd April, 2019, I was convinced that they are one and the same.

    “I know as a fact that Osun West Senatorial District parades many qualified citizens, who can readily represent the district at the 3rd defendant.

    “I also know as a fact that it is an affront on the Constitution of the Federal Republic of Nigeria and the Nigerian State, to continue to have the 1st defendant represent Osun West Senatorial District.

    “It is in the interest of justice to grant the reliefs of the claimants in this suit.”

    Listed with Adeleke,as defendants in the suit are his party – the PDP, the Senate, its President and INEC.

    Adeleke has described the suit as laughable and an abuse of court process, insisting that he is is eligible to contest any elections in the country.

    In a statement by one of his lawyers, Niyi Owolade, Adeleke stated that “the purported voters, who filed the suit are proxy forces” of the All Progressive Congress (APC) and Osun State Governor, Gboyega Oyetola.

    Adeleke, who is of the PDP, accused Oyetola and the APC “of waging futile legal harassment following signs of an imminent end to their usurpation of Osun governorship seat.

    “The  initial judgement that this irritating suit is based on has been widely condemned, especially as the document wrongly declared as forged was duly issued by the authorities of the school.

    “It is in public domain and court records that the school Principal deposed to an affidavit confirming the testimonial and statement of results were duly issued by the school.WAEC’s Deputy Registrar also came to depose to an affidavit in court with the certified true copies  of the same result submitted by Senator Adeleke for his senatorial election screening.

    “How can any human being still declare such result as fake or forged? We declare that the suit is frivolous,clearly an abuse of court processes and a waste of the precious time of the Judiciary.

    “It is important to restate that matter of qualification and eligibility have been decided in two High Court judgements in Osun state.

    “A recent ruling of the Appeal Court, Akure division supports the Senator’s position. This matter is also subjudice as it is a matter of appeal before a higher court.

    “Senator Adeleke reassured his supporters and people of Osun state that there is no cause for alarm as this suit will surely be dismissed in its totality.

    “This APC’s desperate move will fail woefully just like the others have failed. No amount of harassment, embarrassment, intimidation and spreading of falsehood can change or stop the quest for the retrieval of the stolen mandate freely given Senator Ademola Adeleke.

    “The people of Osun have spoken with their votes. Their decision and choice of leader cannot be undermined and subjugated by any abuse of force and powers.”

  • Court urged to order Adeleke to vacate senatorial seat

    The Federal High Court, Abuja, was yesterday asked to decide whether Mr. Ademola Adeleke is still qualified to be a serving senator having been found guilty of forging the Secondary School Certificate he used in contesting election.

    Adeleke won the supplementary election on the platform of the Peoples Democratic Party (PDP) to close up the vacant Osun West Senatorial District Seat created by the demise of his elder brother, Alhaji Isiaka Adeleke, in 2017.

    This is contained in a suit marked FHC/ABJ/CS/462/2019 and filed by Akinwale Olaniyi and Akinjide Monsuru in Abuja.

    The other respondents are the PDP, the Senate, Senate President and the Independent National Electoral Commission (INEC).

    The court is asked to decide whether with the combined provisions of Sect. 65 (2) (a) of the Constitution and judgment of the FCT High Court delivered April 2, Adeleke still qualified to occupy the seat.

    Justice Othman Musa of the FCT High Court had in that judgment declared the Secondary School Certificate presented by Adeleke to INEC as fake.

    Dissatisfied with the judgment, Adeleke approached the Court of Appeal, Abuja to challenge the decision of the court.

    The plaintiffs further prayed that if the above question was in the negative, the court should decide whether the combined effect of the stated provisions of the constitution and the judgment nullified Adeleke’s position as senator.

    They also prayed the court to decide whether the combined effect of the above provisions with the judgment, the first defendant could still draw salaries from the senate.

    The plaintiffs, therefore, said if the three questions raised were answered in the negative, the court should declare Adeleke unfit to contest the July 2017 Osun West Senatorial District election.

    They also urged the court to declare the participation of the first defendant and his eventual declaration as the winner of the election as null, void and of no effect.

    The plaintiffs further urged the court to declare that the continuous representation of the first defendant in the senate as senator representing Osun West Senatorial District as illegal, null and void.

    In the light of the above, the plaintiffs asked for an order to direct INEC to withdraw the certificate of return already issued to the first defendant as the elected senator representing Osun West Senatorial District at the senate.

    They also asked for an order of perpetual injunction to restrain the senate and the senate president from further recognizing and dealing with Adeleke as senator representing Osun West Senatorial District of Osun State.

    The plaintiffs prayed for another order of perpetual injunction restraining Adeleke from further parading himself as a senator representing Osun West Senatorial District.

    They prayed for an order for the court to direct Adeleke to refund all salaries, allowances and other emoluments so far collected from the coffers of the Federal Government with immediate effect, according to the News Agency of Nigeria.

  • PDP raises alarm over Adeleke’s safety

    The national leadership of the People’s Democratic Party (PDP) has raised the alarm, alleging threats to the life of its candidate in the 2018 Osun governorship election, Senator Ademola Adeleke.

    At a media briefing in Abuja Thursday, spokesman for the PDP, Kola Ologbondiyan, accused certain “desperate elements” within the All Progressives Congress (APC) of plotting to use all means to put Adeleke out of circulation.

    Adeleke and the PDP are presently at the Election Petitions Appeal Panel, fighting to upturn the victory of Mr Gboyega Oyetola of the APC who won the election.

    The Election Petitions Tribunal had voided Oyetola’s election and had declared Adeleke winner of the election, a decision that is being challenged by Oyetola at the appeal tribunal.

    Ologbondiyan said, “Given the series of unrelenting attacks, threats and the desperation now being exhibited by the APC, our party has become apprehensive that there are plots to silence Senator Adeleke as a way to terminate his efforts to retrieve his governorship mandate in the court.

    “Part of the plot is to frame and arrest the Principal of his school, Ede Muslim High School, Ede, Mr. Kadili Adejare Abass, on trump-up charges that Senator Adeleke’s School testimonial was forged with the aim of using such fabrication as a basis to smear and clamp down on Senator Adeleke”.

    The PDP had, last week, alerted the public to an alleged plot by the APC to brand Senator Adeleke’s WAEC Certificate as fake.

    The main opposition party accused some unnamed politicians operating from Lagos, of weaving a new fabrication around Senator Adeleke’s secondary school Testimonial.

    Read Also: Kogi PDP chieftain dies in church on Palm Sunday

    The PDP also alleged that a former commissioner in Osun state was used by the said APC leaders to reach and compromise certain top police officers to use the fabrications to arrest and embarrass Senator Adeleke and the Principal of his School, even when they have not committed any crime.

    “Yesterday, April 24, 2019 the Nigerian police in collaboration with the APC arrested Mr. Abass, the Principal of the Ede Muslim High School, Ede as well as the wife of the school’s Registrar, Mrs. Rofiyat Oladepo and her nine months old baby.

    “Information available to the PDP shows that AIG Adeleye Oyebade of Zone II, Oshogbo, ordered the arrest of the innocent Principal of the school and the Registrar.

    “When the Registrar, Mr. Kabir Oladipo could not be reached as he is undergoing treatment for legs and arms injuries he sustained in a motor accident, AIG Oyebade allegedly ordered one ASP Faliyu to arrest the wife, Mrs. Rofiyatu Oladepo, with her nine months old baby. Both the innocent mother and her baby were dumped at the Zone II Police headquarters, Osogbo.

    “The PDP has also been informed of how AIG Oyebade allegedly told those who went to visit the detainees last night that they are continuing the criminal aspect of the Civil action commenced by the APC, which is still in court.

    “The PDP holds that it is most unfortunate that the Nigeria Police will allow certain elements within its ranks to yield themselves as tools in the hands of the oppressive APC in their desperation to thwart the mandate of the people of Osun state, which they freely gave to Senator Ademola Adeleke.

    “It is clear that there is no way a school principal, who duly signed and issued a school testimonial under his own hand and position, can be said to have “forged” the same testimonial.

    “More so, the school register as well as the WAEC result and certificate, eminently show that Senator Adeleke attended the school, sat for WAEC examination and obtained the certificate, which has been validated even by a court of competent jurisdiction, thus also authenticating the school testimonial”.

    The party called on the Inspector General of Police, Mohammad Adamu to call his men to order on issues related to Senator Adeleke’s determination to retrieve his governorship mandate through the courts.

    It urged the IGP to order the immediate release of the innocent School Principal, the wife of the school registrar and her baby.

    The party counseled the APC and its allies to end their alleged schemes against Senator Adeleke, saying the alleged plot will come to naught in the face of justice and the will of the people of Osun state.

    The PDP also called on Nigerians to hold the APC and their agents responsible should Senator Adeleke become a victim of any harm or sudden disappearance.

    “The people of Osun state have elected Senator Adeleke as their governor and should be allowed to move ahead with their choice of leadership,” the party said.

  • Oyetola, APC, INEC urge Appeal Court to uphold Osun election

    The Osun State Governor, Adegboyega Oyetola, his party, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) have asked the Court of Appeal in Abuja to uphold the victory of Oyetola and APC in the governorship election held in the state on September 22 and 27, 2018.

    Their request is contained in three separate appeals they filed against the majority judgment given by the Osun State Governorship Election Tribunal on March 22, 2019.

    The tribunal had, in the majority judgment, given by two of its three members upheld the petition by the People’s Democratic Party (PDP) and its candidate in the election, Senator Ademola Adeleke and voided Oyetola and APC’s victory.

    In their appeals, argued on Wednesday, Oyetola, the APC and INEC prayed the five-man panel of the Court of Appeal, led by Justice Jummai Sankey, to set aside the majority decision of the tribunal, uphold their appeals and dismiss the October 16, 2018 petition by Adeleke and the PDP.

    They equally urged the court to dismiss the cross-appeal filed by Adeleke, on the grounds that it is unmeritorious.

    In the appeal by Oyetola, his lawyer, Wole Olanipekun (SAN) faulted the reasons given by the tribunal in reaching the judgment appealed against, arguing that the decision was not supported by the evidence led by the petitioners.

    He urged the court to void the judgment because the judge, Justice Peter Obiorah who wrote and delivered it, did not participate in all the proceedings of the tribunal.

    Olanipekun noted that “the judge, who did not sit, came to write the leading judgment and reviewed the evidence of the February 6, 2019 proceedings where he was absent.

    “Adjudication is like video watching. It cannot be done by proxy. The judge cannot analyse the evidence of a witness, whose demeanor he did not observe. The judgement should be declared a nullity on this ground alone”

    Olanipekun, who said he and some named senior lawyers were at the tribunal on February 6, 2019, faulted the argument by lawyer to Adeleke and the PDP that it was not clear from the record of proceedings, whether or not Justice Obiorah was absent on the particular day.

    He argued that the judge’s failure to sigh at the end of the proceedings on February 6, 2019 was enough evidence to justify the appellant’s claim that Justice Obiorah was absent on the day in question.

    Olanipekun also faulted the tribunal’s cancellation of results in 17 polling units in the state, and noted that the petitioners did not tender any result of the election before the tribunal.

    “If there was no result before the tribunal, the tribunal could not have cancelled what was not before it. Since no single result was submitted and could not have been cancelled,” he said.

    He argued that the tribunal went beyond its powers by annulling results in the 17 polling units in order to justify its the judgement it gave in favour of the petitioners.

    Read Also: Easter: Oyetola okays free train transport for Osun citizens

    Lawyer to the APC, Akin Olujinmi (SAN), while arguing the party’s appeal, contended that the tribunal was wrong to have allowed the petition, which was incurably incompetent.

    “The 1st and 2nd respondents sought to be declared winner of the election, held on September 22, 2018, which was declared inconclusive. They also asked the tribunal to void the rerun election held on September 27, 2018, because they believed it was unlawful.

    “You cannot say you should be declared a winner on the election that you said was unlawful and void,” he said.

    Olujinmi accused the tribunal of exceeding its jurisdiction when it engaged in amending the petitioners’ reliefs to make them grantable.

    “No tribunal has the jurisdiction to reframe, amend or formulate reliefs for the petitioners.

    “On realising that the reliefs could not be granted, they (members of the tribunal) amended the reliefs and granted it by themselves.

    “We are saying the tribunal has no power to amend a petitioner’s reliefs. The much they ought to do, on realising that the reliefs could not be granted, was to have dismissed the petition.”

    He further faulted the tribunal for holding that the petitioners proved its case of non-compliance in respect of the polling units where it voided results.

    Olujinmi added: “The tribunal was wrong. They cannot use the allegation of non-compliance directed at the election of September 27 against the election of September 22.

    “The tribunal relied on certified true copy of Form EC8A, which they said were dumped on the tribunal. This was what they still relied on to nullify results in the polling units in which they said malpractices were proved. The so called non-complaince did not affect the result of the election,” Olujinmi said.

    He argued that the tribunal went outside its powers and contravened Section 140(2) of the Electoral Act when it engaged in the deduction of votes from the outcome of the election to arrive at the decision it gave.

    Lawyer to INEC, Yusuf Ali (SAN) who argued in similar manner, contended that the tribunal erred in its majority judgment, particularly as regards the issue of non-compliance.

    He noted that the tribunal, having found that accreditation was properly done and that all witnesses agreed that the votes scored were not affected by the omissions noted in some result sheets, ought not to have voided any results.

    Citing Section 134 (b) of the Electoral Act, Ali argued that  non-compliance means not compliance with the provision of the Act, not an act of omission on the part of INEC officials,  which are not contrary to the provision of the Act.

    Ali also argued that since the tribunal held that the petitioners did not prove over-voting and non-compliance, it ought not to have turned around to void votes in some polling units.

    On the question of why INEC did not call it witnesses at the tribunal, Ali said it was unnecessary because the petitioners did not discharge the burden of prove placed on them by the law to warrant INEC to call fresh witnesses.

    Ali added: “There is no law that said INEC most call witnesses, since the petitioners could not discharge the responsibility of proving their declarative reliefs, there was no need for INEC to have called its own witnesses.”

    Lawyer to Adeleke and the PDP, Onyechi Ikpeazu (SAN) faulted the three appeals and the arguments proffered by Olanipekun, Olujinmi and Ali.

    Ikpeazu argued that the tribunal was right in its decision to have declared Adeleke and his party as the winner of the election.

    He faulted the argument that Justice Obiorah did not participate in all the proceedings of the tribunal, arguing that there was no sufficient evidence to that effect.

    Ikpeazu urged the court to dismiss the three appeals and uphold the judgment of the tribunal.

    Kehinde Ogunwumiju (SAN), who argued Adeleke’s cross-appeal, urged the court to allow his client’s appeal and reverse the portion of the judgment, where the tribunal rejected the evidence the petitioners lead in relation to six polling units.

    Ogunwumiju argued that the tribunal wrongly excluded some of its evidence, because while it called 23 witnesses to prove it’s allegation of non-compliance in 23 polling units, the tribunal only upheld 17 where it voided elections.

    Olanipekun, Olujinmi and Ali argued that the cross appeal was incompetent on several grounds and urged the tribunal to reject it.

    At the conclusion of proceedings that lasted over eight hours, the presiding judge, Justice Sankey said judgments would be reserved till a later date.

    She told parties that the date of the judgment would be communicated to them by the court’s Registry.

    Other members of the court’s five-man panel are: Justices Abubakar Datti Yahaya, Ita George Mbaba, Isaiah Olufemi Akeju and Bitrus Sanga.

  • PDP kicks against inclusion of Justice Oyewole in Osun appeal panel

    The national leadership of the People’s Democratic Party (PDP) has rejected the inclusion of Justice Joseph Oyewole as member of the Osun State governorship election appeal tribunal.

    The PDP alleged Justice Oyewole has strong connections with the All Progressives Congress (APC), which is an interested party in the case under appeal.

    At a media briefing in Abuja on Tuesday, spokesman for the PDP, Kola Ologbondiyan, the main opposition party, said it has petitioned the President of the Court of Appeal, Justice Zainab Adamu Bulkachuwa.

    The PDP had stated in the petition that there was clear likelihood of Justice Oyewole being bias against its candidate, Senator Ademola Adeleke and his party, PDP.

    The election petition tribunal had earlier voided the election of Mr. Gboyega Oyetola of the APC who won the 2018 Osun governorship poll and ordered the immediate swearing-in of Adeleke as winner of the election.

    Other grounds on which the PDP rejected Justice Oyewole’s inclusion in the appeal panel, as stated by Ologbondiyan are:

    “Hon. Justice Oyewole (JCA) is an indigene of Osun state and he had served as a High Court Judge of Lagos state and had thus served under the administration of Senator Ahmed Bola Tinubu, (the national leader of the APC) while he (Tinubu) was the governor of Lagos State.

    “When the seat of the Chief Judge of Osun State became vacant, some years back, upon the retirement of Hon. Justice G.O Ojo, Senator Ahmed Bola Tinubu insisted on having his anointed candidate, Hon Justice J.O.K Oyewole, on the Judiciary of Osun State at all cost.

    Read Also: PDP alleges fresh plot to smear Adeleke

    “It will be recalled that it took the courageous intervention of the then Chief Justice of Nigeria (CJN), Justice Aloma Murktar to prevail that the most senior judge of Osun state judiciary should be so appointed.

    “When a seat became vacant at the Court of Appeal, the name of Hon. Justice Oyewole was pushed forward by Senator Tinubu, using the slot of Osun State and thus, Justice Oyewole became Justice of the Court of Appeal.

    “It is therefore a fact known to us and members of the public that Hon. Justice Oyewole has a strong connection with the APC and its leader, Tinubu.

    ‘’As such he should not sit as a panel member for a governorship election dispute between the PDP and the APC.

    “Moreover, Hon. Justice J.O.K Oyewole is from Osun state. The instant appeal is over the decision of the Osun state Governorship Tribunal. Given his connections with the APC, it will be most unsafe to allow Hon. Justice J.O.K Oyewole to sit on the Appeal Panel.

    ‘’We are not assured that justice will be done with Hon. Justice J.O.K Oyewole as a member of the Panel.

    “As a party, we do not have confidence in Hon. Justice J.O.K Oyewole.

    ‘’So the PDP vehemently objects to his inclusion, as he is likely to be biased against our party and our candidate, Senator Ademola Adeleke”.

    The party added: “The PDP called on the President of the Court of Appeal to immediately replace Justice Oyewole with another justice of the Court of Appeal, who has no affiliation with Osun state. There are over 90 eminent Justices of the Court of Appeal.

    “Our party and candidate hold that justice must not only be done, but also manifestly seen to be done in this matter. Indeed, an insistence on Hon. Justice J.O.K Oyewole’s inclusion in the Appeal Panel may confirm our fears that his name could have been deliberately included so that he can carry out a special assignment against our candidate and the party in the appeal.”

  • Breaking: Appeal Court fixes April 24 for hearing of Osun gov dispute

    The Court of Appeal in Abuja has scheduled hearing for April 24 in the appeals filed by the Osun State Governor, Adegboyega Oyetola and his party, the All Progressives Congress (APC) against the March 22, 2019 by the Osun State Governorship Election Tribunal.

    Information about the hearing date is contained in notices sent to parties by the court’s Registry, a copy of which The Nation sighted on Monday in Abuja.

    The tribunal, in a split decision of two-to-one, voided the victory of Oyetola and the APC in the election held on September 22, 2018, but concluded with a rerun on September 27, 2018.

    Two members of the tribunal’s three-member panel upheld the petition filed by the Peoples Democratic Party (PDP) and its candidate Senator Ademola Adeleke against the outcome of election, while its chairman dismissed it for being unmeritorious.

    Justices Peter Obiorah and Adegboye Gbolagunte gave the majority decision, which replaced Oyetola and APC with Adeleke and PDP as winners of the election.

    The tribunal Chairman, Justice Muhammad Sirajo, in his dissenting judgment/minority decision, held otherwise.

    He dismissed the petition by Adeleke and PDP on the grounds that the petitioners failed to prove their claims.

    In the separate notices of appeal they filed against the tribunal’s majority judgment, Oyetola and the APC ripped the judgment apart, arguing that “it is perverse, replete with contradictions and against the weight of evidence.”

    The want the Court of Appeal to uphold their appeals, set aside the majority judgment and dismiss the October 16, 2018 petition by Adeleke and the PDP.

    Oyetola and the APC said they were contesting the entire majority judgment, except where it held that it lacked jurisdiction to set aside the INEC Guidelines used for the election; that the allegation of over voting was not proved; that the petitioners did not prove voided votes, and other parts of the judgment where it agreed with their arguments.

    They queried the validity of the judgment, which was authored and delivered by Justice Obiorah, who they noted, did not participate in all the sittings of the tribunal during trial.

    The appellants are of the view that the entire of the majority judgment is a nullity, because it was written and delivered by Justice Obiorah “who did not participate in all the proceedings of the tribunal and who was not present when all the witnesses gave evidence.”

    Read Also: Appeal Court has not voided my election, says Omo-Agege

    They noted that Justice Obiorah was absent on February 6, 2019  when the respondents witnesses (RWs) 12 and 13 – Ayoola Soji and Oladejo Kazeem – testified and tendered exhibits, which the tribunal admitted in evidence.

    The appellants are contending that, having not attended the tribunal’s siting on February 6, 2019, Justice Obiorah did not see the two witnesses and was unable to examine their demeanour, as required, and therefore, it was unlawful for the judge to have authored a judgment in which he reviewed the evidence given by the witnesses.

    In the notice of appeal filed for Oyetola by his lawyer, Wole Olanipekun (SAN), it was argued that: “The writing of and or the participation of the Honourable Justice P. C. Obiorah in the writing of the judgment of the lower tribunal of 22nd March 2019 and delivery of same, vitiates the entire judgment.”

    Oyetola and the APC faulted the decision of the tribunal, in the majority judgment, to declare the rerun election unlawful and proceeded to set it aside.

    They also faulted the tribunal’s finding that the respondents did not deny the claim by the petitions, through PW74, that the Returning Officer cancelled election in the seven polling units and ordered a rerun.

    The appellants said: “The first and third respondents (INEC and APC), in their pleadings, did not admit that it was the Returning Officer that cancelled the result of the election in the seven polling units, but rather, that it was the 1st respondent that cancelled the election in the seven units as distinct from the units’ results.

    “Indeed, as pleaded at paragraphs 24, 25, 27 and 29 of the petition, it was the 1st respondent that cancelled the election in the seven units for the reasons alleged by the petitioners.

    “The tribunal ought to have held the petitioners bound by their pleadings that it was the 1st respondent that cancelled the election in the units and the fact that the 3rd respondent also pleaded that it was the 1sy respondent that cancelled the election in the units.”

    They argued that even if it was any of the electoral officials that announced the cancellation and rerun election, in law, they acted as INEC’s agents of the first respondent (INEC).

    The appellants noted that the petitioners did not only fail to tender results from the seven polling units to support their claim that election actually held in the polling units and the results were cancelled;  they also failed to exhibit the votes scored  by the parties that participated in the election, if actually their was an election.

    Oyetayo and APC argued that, rather than holding against the petitioners, for not supplying the necessary evidence, the tribunal wrongly relied on the evidence of PW74, which it had earlier expunged from the record for being hearsay.

    They argued that, in the absence of vital evidence, “the tribunal ought to have held that the petitioners did not make out the case that there was any election in the seven polling units and that the Returning Officer cancelled the results of the election in the seven units.”

  • Adeleke faults Buhari’s spokesman on forgery allegation

    Senator Ademola Adeleke, representing Osun West Senatorial District has faulted allegation that he presented forged school results to the Independent National Electoral Commission (INEC) during the last governorship election in Osun State.

    Adeleke, who attributed the allegation to the spokesman of President Muhammadu Buhari Campaign Organisation, Festus Keyamo (SAN), argued that the lawyer acted out of ignorance.

    The Senator, in a statement authored by Niyi Owolade for the Ademola Adeleke campaign Organisation, said he did not, at any time forge any certificate for election or any other purpose.

    Part of the statement reads: “Our attention has been drawn to a tweet credited to Mr. Festus Keyamo that Senator Ademola Adeleke forged a statement of result he presented for election and that WAEC did not attest his certificate.

    “We suspect that Mr. Keyamo must have been misinformed or failed to get his facts correctly.

    “For his information and that of the general public, both WAEC and the school principal of Ede Muslim High school, Ede attested Senator Adeleke’s result through sworn affidavits before FCT High Court, Bwari.

    “We advise the President’s campaign spokesman to get his facts straight before making public statements.

    “Being a Senior Advocate of Nigeria demands that level of responsibility. Senator Ademola Adeleke did not at any time forge any certificate for this election or for any other purpose.

    “Let us repeat for the umpteenth time that the principal of Ede Muslim High School, Ede and WAEC were summoned by the court in a case filed by the APC against Senator Adeleke.

    “The principal through a sworn affidavit attested the statement of results presented by the PDP candidate for his election and a Deputy Registrar of WAEC did the same through an affidavit of evidence.

    READ ALSO: Adeleke qualifies to be governor, says Appeal Court

    “The two affidavits were widely published in the newspapers and are available in court papers. WAEC not only attested Adeleke’s result, the school authority, through the principal also did.

    “At this stage in Osun election cases, all the facts are in public domain and nothing can be spinned again.

    “First, the public is fully aware that both WAEC and the Principal attested to Adeleke’s qualification.

    “Secondly, by the combined effect of Sections 177 and 318 of the 1999 constitution of the Federal Republic of Nigeria as amended, Senator Ademola Adeleke is qualified to contest for the office of a State Governor.

    “Thirdly and much more critical, WAEC and the principal affirmed in their respective affidavits that there was no forgery as results submitted by Adeleke tallied with their records.

    “We wish to conclude by informing the public once again that apart from the above attestation of Adeleke’s qualification, there are two subsisting high court judgments, affirming Senator Adeleke’s eligibility to contest for office if Governor.”

  • Adeleke qualifies to be governor, says Appeal Court

    The Akure division of the Court of Appeal has said the governorship candidate of the People’s Democratic Party (PDP) in the September governorship election in Osun State, Senator Ademola Adeleke was eligible to contest the election.

    With the ruling, the controversies surrounding the eligibility of the lawmaker to contest the election or hold the office as a governor might have ended.

    The Appeal Court in its ruling dismissed an appeal against the judgment of an Osun State High Court sitting in Osogbo which had earlier confirmed the eligibility of Adeleke to contest the governorship election.

    An Osun State High Court had earlier ruled that Adeleke was qualified to contest for the governorship election, having been educated up to secondary school level.

    The petitioners, however, proceeded to appeal against the ruling, maintaining that the Senator was not qualified and therefore Dr Akin Ogunbiyi who is the second runner up at the governorship primary should be declared the winner of the primary election of the party.

    The Appeal Court sitting in Akure, the Ondo state capital in its ruling dismissed the appeal on three grounds, affirming the judgment of the lower court that confirmed the eligibility of Adeleke.

    The first ground was that the court has no jurisdiction to hear the case.

    Read also: We didn’t see Adeleke in exam hall, NECO supervisors tell court

    The second was that the sponsored petitioner; one Kingsley Awosiyan from Ife Central has no locus standi to file the case and third was that the matter was brought to court outside the stipulated 14 days after the conduct of the Governorship primary election.

    Reacting to the judgment, counsel to Adeleke, Nathaniel Oke said the latest judgment has knocked out the judgment of an Abuja High Court and rendered its conclusion ineffective, null and void with no
    effect on the candidacy of the PDP candidate for the September 2018 gubernatorial election.

    He said the Abuja High court judgment had contradicted the Osogbo High court verdict by rejecting testimonies of WAEC, an examination body which in a sworn affidavit confirmed that Ademola Adeleke sat for its examination with attached results.

  • ‘Osun deserves better than Adeleke’

    THE Osun State All Progressives Congress has reacted to the verdict of an Abuja High Court, which disqualified Ademola Adeleke from contesting the state governorship election of 2018.

    The party described the verdict as a victory for the state, saying Osun deserves better than an ill-educated person as its governor.

    “Long before independence, this state has produced intellectual giants and exceptionally brilliant businessmen and technocrats, including jurists of international standard.

    “We’re too civilised to have an Ademola Adeleke as governor, who presented a fake statement of result of the secondary school he attended and is currently under investigation for another NECO certificate forgery allegation.

    Read also: We didn’t see Adeleke in exam hall, NECO supervisors tell court

    “The court judgment, therefore, corroborated what we have known all along that this young man is best suited for the dance floor of a discotheque rather than the intellectually high demand of running Government Secretariat at Abere,” a statement issued by the party’s Director of Publicity, Research and Strategy, Kunle Oyatomi said.

    The APC regretted that “of all the highly qualified and intellectually solid individuals available even in the PDP, the party went for the lowest possible cadre, whose integrity is questionable but whose wealth is limitless”.

    “Fortunately for Osun, we can depend on Nigerian’s jurisprudence to uphold justice at the most critical point.

    “We hope that the Appeal Court handling Osun governorship dispute will take judicial notice of this judgment that has practically disqualified Ademola Adeleke from the governorship position,” the statement added.

  • We didn’t see Adeleke in exam hall, witnesses tell court

    Two witnesses in the ongoing trial of Sen. Ademola Adeleke on a seven-count amended charge bordering on examination malpractice on Wednesday told the Federal High Court Abuja that they did not see the senator in the examination hall.

    The witnesses, Mr Emmanuel Adesola and Enoch Adigun, both teachers, while being led in evidence by the prosecutor Mr Simon Lough, told the court that they invigilated examinations at Ojo -Aro Community Grammar School in Osun State in 2017.

    Adesola told the court that when he got to school, he asked for the school album but was told it was not ready.

    According to him, “I could not identify any student without the school album since it was my first time there so the principal and the register helped me to identify them as I used the list I had to call the students into the hall.

    “I didn’t see any of the defendants in the examination hall; Sen. Adeleke was not in the examination hall, he is a public figure so I would have recognised him,” the witness told the court.

    Read Also: Court: Adeleke unfit to run for Osun governor

    The witness who further told the court that he had been supervising National Examination Council (NECO) examination for the past five years also told the court that there were four elderly students in the hall.

    While being cross examined by Mr Alex Iziyon, (SAN), the witness said that he did not make a formal report on the absence of a school album to his superiors even though he ought to have done so.

    He also told the court that on the day he invigilated, he did not witness any form of examination malpractice in the hall.

    On his part, Adigun told the court that he saw the second defendant, Sikiru Adeleke in the examination hall while he was invigilating.

    According to Adigun, I was surprised to see him because he was the most matured student in the hall but when I checked and saw that he had an identity card duly stamped by the school, I had to allow him write the examination.

    Adigun said that he didn’t see Adeleke in the examination hall or any of the other defendants besides Sikiru.

    The trial judge, Justice Inyang Ekwo adjourned the matter until June 10 and 11 for continuation of hearing.

    Adeleke was first arraigned by the Federal Government in Sept. 2018 on a four-count charge bordering on examination malpractice, along with his brother, Sikiru Adeleke and three others.

    The senator pleaded not guilty to the charges and was granted bail on self-recognizance by the court.

    The others were Alhaji Aregbesola Mufutau (Principal, Ojo-Aro Community Grammar School, Ojo-Aro Osun), Gbadamosi Ojo (School Registrar) and Dare Olutope (a teacher).

    The police accused them of fraudulently registering Adeleke and his brother Sikiru as students of Ojo-Aro Community Grammar School in Ojo-Aro, Osun State, for the National Examination Council’s June/July 2017 Senior School Certificate Examination in Feb. 2017.

    They were re-arraigned in Dec. 2018 on a seven-count amended charge bordering on examination malpractice.

    NAN