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Alleged Forgery: Adeleke says Judgement that Overthrown His Eligibility Can’t Stand

Alleged Forgery: Adeleke says Judgement that Overthrown His Eligibility Can’t Stand

Alleged Forgery – Senator Ademola Adeleke, who was recently declared winner of the Osun State governorship election by an election petition tribunal in Abuja, has faulted a judgment delivered on Tuesday by Justice Othman Musa of the High Court of the Federal Capital Territory, Bwari, which nullified his qualification to contest in the election over allegation of school certificate forgery.

Adeleke said on Wednesday that Justice Musa subverted justice by ignoring four critical evidence to rule against validated facts and submissions.

He said: “We affirm that Tuesday’s judgment of the Bwari court is a travesty of justice, a purchased ruling designed to negatively affect the outcome of Osun governorship judicial process.

“We declare unequivocally that the ruling, being so glaringly against tested facts and the law, cannot stand.

“It is also clear that the ruling cannot, in any way, stop the reality that Senator Ademola Adeleke fulfilled the constitutional requirements to be governor of Osun State.

“This is another failed bid in the efforts of detractors and enemies of democracy. Senator Ademola Adeleke is not only qualified but, by the grace of God, will soon be sworn in as the legitimate governor of Osun State.”

Consequently, the PDP governor-elect said he would appeal the judgment which, he said, “Is flawed and cannot stand”.

“While we are set to appeal the judgment, we also find it compelling to put the records straight by listing out the fatal flaws in the ruling and why it cannot stand before any court,” Adeleke stated.

A statement by Niyi Owolade for the Ademola Adeleke Campaign Organisation on Wednesday, enumerated the flaws in the said judgment.

Adeleke recalled that the matter in question had been addressed by two High Courts’ ruling, which affirmed that in the face of the constitution, he was qualified to run for the governorship office.

“The two rulings delivered in September 2018 held that Senator Adeleke satisfied all requirements of the law to contest for office.

“It is trite in law that once a court of coordinate jurisdiction has ruled on a matter, court of similar jurisdiction cannot entertain it.

“Shockingly, the Bwari judge breached this precept to subvert justice,” Adeleke said.

He added: “Secondly, we want to note that the judge further erred in law by failing to take note of the expiration of 180 days for ruling on pre-election matters.

“Even when a December 2018 judgment with respect to the issue was presented, the judge chose to ignore it. We note that the judge violated the law by adjudicating over a matter whose filing and hearing period has expired.

“Thirdly, the West African Examination Council was also subpoenaed by the court at the instance of the two APC plaintiffs (working covertly with some moles within the PDP) to present evidence of facts that senator sat for the WASC exams.

“The council produced the listing of all students who sat for the May/June examination in 1981 alongside the senator in addition to the certified true copies of his school certificate result.

“From the evidence produced by the council, it is crystal clear that Senator Ademola Adeleke was indeed educated beyond the minimum requirement of “up to secondary school level” as stipulated by law and therefore qualified to run for the office of governor in accordance with section 177 (D) of 1999 CFRN (as amended). Notwithstanding, the judge still went ahead to rule otherwise.

“The only statutory body empowered by law to determine authenticity of a secondary school result is the West African Examination Council and they confirmed the authenticity of Senator Adeleke’s result by producing a CTC of the same result. What evidence did the judge therefore base his ruling on?

“Fourthly, the plaintiffs shocked by WAEC’s testimony, again subpoenaed the school principal to appear in court to produce evidence of facts as well as to confirm the authenticity of the statement of results.

“The principal appeared and confirmed that the statement was genuinely issued by the school and that any error noticed on the statement was that of the school, not that of Senator Adeleke.

“The school did not at any point disown the statement of results. The school owned up to the error which was not about forgery.”

The Osun State Governorship Election Petitions Tribunal sitting in Abuja had, last week, declared Senator Adeleke as winner of the September 2018 governorship election in the state.

The three-man tribunal upheld the petitions filed by the candidate of the Peoples Democratic Party (PDP), Ademola Adeleke, and the PDP, challenging the victory of the All Progressives Congress (APC) and Governor Gboyega Oyetola at the September 2018 governorship election in Osun.

Not satisfied with the tribunal ruling, Governor Oyetola had given notice of his intention to appeal the verdict.”

 

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