Adeleke’s nullification: Judgment cannot stand test of time - SANs

Adeleke’s nullification: Judgment cannot stand test of time - SANs

- A judgment which nullified the nomination of Ademola Adeleke as candidate of PDP in the September 2018 governorship election in Osun has been condemned

- According to two Senior Advocates of Nigeria, there is evidence that Adeleke was educated up to school certificate level and he is qualified to contest for any political office

- Justice Oathman Musa delivering judgment in the suit earlier annulled Adeleke’s nomination on the grounds that he violated section 177 of the 1999 constitution as amended

Two Senior Advocates of Nigeria, (SAN) have said the FCT High Court judgment which nullified the nomination of Ademola Adeleke as candidate of PDP in the September 2018 governorship election in Osun cannot stand the test of time.

Speaking with the News Agency of Nigeria, on Wednesday, April 3, in Abuja, Isreal Olondare (SAN) said the judgment was not a sound one because the law stipulated that a person aspiring to any political office must be educated up to school certificate level.

Olondare said: “The ruling cannot stand the test of time because during the trial, it was the prosecution that subpoenaed the West African Examination Council (WAEC) to come and tender the result of Adeleke in court.

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“They tendered the result and it was confirmed that he wrote the exams not withstanding that maybe he failed the papers.

“The constitution of Nigeria says that any person aspiring to office must be educated up to school certificate level it didn’t say that the person should have grade one or so on.

“Since there is evidence that he was educated up to school certificate level, he is qualified to contest.”

Moreover, he questioned the legality of the FCT High Court having jurisdiction to try a matter that arose from Osun state.

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On his part, Nathaniel Oke (SAN), a counsel to Adeleke said that they were grossly dissatisfied with that judgment and would appeal it before the close of business on Wednesday.

“We are appealing against it and before today expires, we will file our notice of appeal against that judgement because we do not agree with any of the reasons given.

“We contended that our candidate having brought a certified true copy of the result of the examination he took in 1981 as ordered by the court with supportive affidavit, that in itself is sufficient to say that he is qualified.”

According to Oke, you don’t have to pass the exam of WAEC before you can be qualified, the moment you make an attempt, is suffices, which is the requirement of the law.

Earlier, Legit.ng reported that a high court sitting in Abuja reportedly nullified the nomination of Senator Ademola Adeleke as the candidate of the PDP, in the September 2018 governorship election in Osun state.

Justice Oathman Musa, delivering judgment in the suit on Tuesday, April 2, annulled Adeleke’s nomination on the grounds that he violated section 177 of the 1999 constitution as amended.

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