Appeal Court Affirms Adeleke’s Qualification for Osun Governorship Election

Abuja Division of Court of Appeal, Thursday, set aside the judgment of an FCT High Court sitting in Bwari, which nullified the candidacy of Senator Ademola Adeleke, the Peoples Democratic Party candidate in the September 22, 2018, Osun State governorship election.

Justice Emmanuel Agim, who read the judgment, said Bwari FCT High Court lacked territorial jurisdiction to entertain the case.

Justice Othman Musa of the FCT High Court Abuja, had on April 2,2019, invalidated Adeleke’s status as PDP governorship candidate following a suit challenging the authenticity of the credentials Adeleke presented to the electoral body.

Wahab Raheem and Adam Habeeb, both of the Osun Chapter of All Progressive Congress (APC) instituted the suit, accusing Adeleke of not possessing the requisite educational qualification.

Justice Musa had upheld their submission, averring that Adeleke presented forged certificate to his party and the Independent National Electoral Commission (INEC) for the purpose of the governorship election.

However, in Thursday’s judgment, the Appeal Court said aside the fact that the trial court lacked territorial jurisdiction, the suit was filed out of time and judgment given outside the mandatory 180 days.

“I hold that the appeal is clearly spent, the trial court lacked territorial jurisdiction, so the appeal is resolved in favour of appellant.

“Only Osun State High Court has the jurisdiction to trial the case,” the court held.

“The case is filed out of time and judgment given outside the mandatory 180 days”

Justice Agim held for the fact that INEC has its headquarters in Abuja, where Adeleke’s name was presented for the election, does not confine jurisdiction on an FCT High Court.

On the issue of certificate forgery, the Appeal Court said the trial court failed to evaluate properly the evidence presented before it by the applicant (Adeleke) .

Agim held that a trial cannot be fair and just when a judge ignores and failed to evaluate evidence properly.

According to him, the judge of the lower court was wrong to have relied on few evidence to arrive at his conclusion.

He said with facts before the court, Adeleke attended Ede Muslim School, Oshogbo, and obtained the mandatory West Africa Examination Certificate (WAEC).

And thus: “Appeal succeeds and thereby allowed. The FCT High Court judgment is set aside,” Justice Agim held.

The court fined the respondents N3m.