- A judgement will be delivered on Thursday, May 30, on Senator Adeleke’s appeal over qualification petition at the Abuja division of the Court of Appeal
- Adeleke is challenging a judgment of the high court in Bwari, which voided his candidacy for the election on the grounds that he was not qualified
- The senator’s lawyer, Kehinde Ogunwumiju, had earlier faulted the claim that Adeleke forged his WAEC certificate
The Court of Appeal in Abuja said it will on Thursday, May 30, deliver judgment in the separate appeals by the Peoples Democratic Party (PDP) and its candidate in the last governorship election in Osun state, Senator Ademola Adeleke.
The Nation reports that Sa’adatu Kachalla, spokesperson of the court, announced this in a statement on Wednesday, May 28.
Kachalla in the short statement said: “Notice is hereby given that judgement will be delivered tomorrow 30th May 2019 in Senator Adeleke’s Appeal over qualification Petition at the Abuja Division of the Court of Appeal.”
The PDP and Adeleke are, by their appeals, challenging the April 2, 2019 judgment by Justice Othman Musa of the high court of the Federal Capital Territory in Bwari, which voided Adeleke’s candidacy for the election on the grounds that he was not qualified, having not possessed valid secondary school certificate.
The judgment by Justice Musa was in the suit by Wahab Raheem and Adam Habeeb, who claimed that Adeleke was not qualified, under Section 177 of the Constitution to contest the governorship election.
A panel of the Court of Appeal, led by Justice Adamu Jauro, at the conclusion of hearing in the appeals on May 14 this year, told parties that a date for judgment would be communicated to them.
Adeleke’s lawyer, Kehinde Ogunwumiju (SAN), while arguing the appeal, faulted the judgment of the trial court. Ogunwumiju urged the court to uphold his client’s appeal and set aside the judgment.
He faulted the claim that Adeleke forged the West African Examination Council (WAEC) certificate he presented to the Independent National Electoral Commission (INEC) to secure clearance for the gubernatorial election
Ogunwumiju stated that the certificate attached to Adeleke’s nomination Form CF 001 was lawfully issued to him and was confirmed by WAEC in its affidavit evidence submitted to the High Court of the Federal Capital Territory (FCT) in Bwari.
He added that what Adeleke presented to INEC to secure qualification for the gubernatorial election was the same result that WAEC presented before the trial court when it was ordered to do so.
Ogunwumiju argued that the trial court erred in law when it ignored document, which it ordered to be presented, in reaching the decision that Adeleke did not possess the requisite academic qualification for the office of governor. He noted that there was no case of non-qualification or forgery against Adeleke before the lower court.
Lawyer to the PDP, Emmanuel Enoidem, urged the court to set aside the judgment of the trial court and proceed to dismiss the suit, on which it was based,for being incompetent and statute barred.
Recall that Legit.ng reported that the Court of Appeal sitting in Abuja ruled in favour of Osun state governor, Gboyega Oyetola, in the Osun 2018 governorship election case.
The election tribunal judgment had earlier ruled in favour of Senator Ademola Adeleke, declaring him winner.
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