WAEC Result: Adeleke Eligible To Contest, Says Appeal Court
The
Court of Appeal sitting in Abuja, yesterday said Senator Ademola Adeleke of the
Peoples Democratic Party, PDP, possessed the requisite educational
qualification to contest the last Governorship Election in Osun State.
In a unanimous judgement by a three-man panel of Justices, nullified as “perverse”, the judgment of an Abuja High Court in Bwari, which voided Adeleke’s nomination on the premise that he used forged WAEC Certificate and secured clearance to participate in the Osun gubernatorial election that held on September 22, 2018.
Two Chieftains of the All Progressives Congress, APC, Wahab Raheem and Adam Habeeb, had in a suit they filed before the election was conducted, alleged that Adeleke made false declarations in the Form CF001, he submitted to the Independent National Electoral Commission, INEC. The plaintiffs, through their lawyer, Mr. Bankole Akomolafe, alleged that contrary to what was submitted to INEC, Adeleke, did not sit for WAEC examination in 1981 as he claimed, since there was nothing like the Senior Secondary School Certificate Examination as at then.
Following the suit, the high court, in a judgement delivered by Justice Othman Musa on April 2, held that Adeleke who is currently representing Osun West Senatorial District, lacked the minimum educational qualification prescribed in section 177 of the 1999 Constitution, as amended. Not satisfied with the judgement, Adeleke approached the appeal court to challenge the lower court decision.
He prayed the court to set aside the decision. The appellate court, in a lead Judgement by Justice Emmanuel Agim, held that the trial denied Adeleke fair hearing by deliberately refusing to properly evaluate and consider all the evidence that showed that he attended Ede Muslim Grammar School Ede and sat for WASC in 1981.
It noted that the trial court insisted that Adeleke did not complete his secondary education, despite the testimony of the School Principal as well as the Deputy Registrar of WAEC that testified and tendered evidence during hearing on the matter. The appellate court further observed that owing to an application by the Plaintiffs, the court summoned the WAEC boss who deposed an affidavit and also tendered a ledger that indicated that in the exam it conducted in May/June 1981, Adeleke, was candidate number 149, with his center number as 19645.
It also noted that the examination body submitted document that contained the result of all candidates (001-221) that sat for Exam in the school, with Adeleke’s result showing that while F9 was recorded for him in English language, the other subjects were withheld. The appellate court held that conclusion of the high court that Adeleke dropped out of school was not supported by any evidence that was brought before the court.
“If he had dropped out of school, he would not have sat for WAEC in 1981”, Justice Agim added. Relying on several Supreme Court decisions, the appellate court held that as far as Adeleke educational pursuit was up to the School Leaving level, it did not matter whether he passed the examination or not.
Besides, it held that Justice Othman was wrong when he assumes jurisdiction and voided Adeleke’s nomination, based on issues that were previously resolved on August 8 by a High Court in Oshogbo. It held that the Abuja court, including the plaintiffs, were estopped from querying Adeleke’s educational qualification, since a court of same coordinate jurisdiction had delivered judgment on it.
More so, the appellate court held that the substantive suit was ab-initio defective, stressing that it has become status barred since it was filed outside the mandatory 14 days section 285(9) of the Constitution provided for pre-election matters. It held that any suit that sought to disqualify a candidate under section 31(5) of the Electoral Act, amounted to a pre-election matter in which judgment must be delivered in writing within 180 days. In the instant case, it noted whereas the plaintiffs lodged their case over 43 days after Adeleke’s name was submitted to INEC, the trial court on its part, delivered its judgment 209 days from September 4 when the case was filed.
“The judgement haven been delivered out of time is void”, the appellate court held. While upholding all issues Adeleke raised in his appeal, the appellate court, said it was satisfied that he met all the requirements stipulated by section 177(d) of the 1999 Constitution, as amended, and was therefore qualified to contest the Osun Governorship election. The court invoked its powers and struck out the substantive suit that led to Adeleke’s disqualification, even as it awarded a cost of N3million against the two APC Chieftains.
In a unanimous judgement by a three-man panel of Justices, nullified as “perverse”, the judgment of an Abuja High Court in Bwari, which voided Adeleke’s nomination on the premise that he used forged WAEC Certificate and secured clearance to participate in the Osun gubernatorial election that held on September 22, 2018.
Two Chieftains of the All Progressives Congress, APC, Wahab Raheem and Adam Habeeb, had in a suit they filed before the election was conducted, alleged that Adeleke made false declarations in the Form CF001, he submitted to the Independent National Electoral Commission, INEC. The plaintiffs, through their lawyer, Mr. Bankole Akomolafe, alleged that contrary to what was submitted to INEC, Adeleke, did not sit for WAEC examination in 1981 as he claimed, since there was nothing like the Senior Secondary School Certificate Examination as at then.
Following the suit, the high court, in a judgement delivered by Justice Othman Musa on April 2, held that Adeleke who is currently representing Osun West Senatorial District, lacked the minimum educational qualification prescribed in section 177 of the 1999 Constitution, as amended. Not satisfied with the judgement, Adeleke approached the appeal court to challenge the lower court decision.
He prayed the court to set aside the decision. The appellate court, in a lead Judgement by Justice Emmanuel Agim, held that the trial denied Adeleke fair hearing by deliberately refusing to properly evaluate and consider all the evidence that showed that he attended Ede Muslim Grammar School Ede and sat for WASC in 1981.
It noted that the trial court insisted that Adeleke did not complete his secondary education, despite the testimony of the School Principal as well as the Deputy Registrar of WAEC that testified and tendered evidence during hearing on the matter. The appellate court further observed that owing to an application by the Plaintiffs, the court summoned the WAEC boss who deposed an affidavit and also tendered a ledger that indicated that in the exam it conducted in May/June 1981, Adeleke, was candidate number 149, with his center number as 19645.
It also noted that the examination body submitted document that contained the result of all candidates (001-221) that sat for Exam in the school, with Adeleke’s result showing that while F9 was recorded for him in English language, the other subjects were withheld. The appellate court held that conclusion of the high court that Adeleke dropped out of school was not supported by any evidence that was brought before the court.
“If he had dropped out of school, he would not have sat for WAEC in 1981”, Justice Agim added. Relying on several Supreme Court decisions, the appellate court held that as far as Adeleke educational pursuit was up to the School Leaving level, it did not matter whether he passed the examination or not.
Besides, it held that Justice Othman was wrong when he assumes jurisdiction and voided Adeleke’s nomination, based on issues that were previously resolved on August 8 by a High Court in Oshogbo. It held that the Abuja court, including the plaintiffs, were estopped from querying Adeleke’s educational qualification, since a court of same coordinate jurisdiction had delivered judgment on it.
More so, the appellate court held that the substantive suit was ab-initio defective, stressing that it has become status barred since it was filed outside the mandatory 14 days section 285(9) of the Constitution provided for pre-election matters. It held that any suit that sought to disqualify a candidate under section 31(5) of the Electoral Act, amounted to a pre-election matter in which judgment must be delivered in writing within 180 days. In the instant case, it noted whereas the plaintiffs lodged their case over 43 days after Adeleke’s name was submitted to INEC, the trial court on its part, delivered its judgment 209 days from September 4 when the case was filed.
“The judgement haven been delivered out of time is void”, the appellate court held. While upholding all issues Adeleke raised in his appeal, the appellate court, said it was satisfied that he met all the requirements stipulated by section 177(d) of the 1999 Constitution, as amended, and was therefore qualified to contest the Osun Governorship election. The court invoked its powers and struck out the substantive suit that led to Adeleke’s disqualification, even as it awarded a cost of N3million against the two APC Chieftains.
The Court of Appeal
sitting in Abuja, yesterday said Senator Ademola Adeleke of the Peoples
Democratic Party, PDP, possessed the requisite educational qualification
to contest the last Governorship Election in Osun State.
In a unanimous judgement by a three-man panel of Justices, nullified as
“perverse”, the judgment of an Abuja High Court in Bwari, which voided
Adeleke’s nomination on the premise that he used forged WAEC Certificate
and secured clearance to participate in the Osun gubernatorial election
that held on September 22, 2018.
Two Chieftains of the All Progressives Congress, APC, Wahab Raheem and
Adam Habeeb, had in a suit they filed before the election was conducted,
alleged that Adeleke made false declarations in the Form CF001, he
submitted to the Independent National Electoral Commission, INEC.
The plaintiffs, through their lawyer, Mr. Bankole Akomolafe, alleged
that contrary to what was submitted to INEC, Adeleke, did not sit for
WAEC examination in 1981 as he claimed, since there was nothing like the
Senior Secondary School Certificate Examination as at then.
Read More at: https://leadership.ng/2019/05/31/waec-adeleke-eligible-to-contest-says-appeal-court/
Read More at: https://leadership.ng/2019/05/31/waec-adeleke-eligible-to-contest-says-appeal-court/
The Court of Appeal
sitting in Abuja, yesterday said Senator Ademola Adeleke of the Peoples
Democratic Party, PDP, possessed the requisite educational qualification
to contest the last Governorship Election in Osun State.
In a unanimous judgement by a three-man panel of Justices, nullified as
“perverse”, the judgment of an Abuja High Court in Bwari, which voided
Adeleke’s nomination on the premise that he used forged WAEC Certificate
and secured clearance to participate in the Osun gubernatorial election
that held on September 22, 2018.
Two Chieftains of the All Progressives Congress, APC, Wahab Raheem and
Adam Habeeb, had in a suit they filed before the election was conducted,
alleged that Adeleke made false declarations in the Form CF001, he
submitted to the Independent National Electoral Commission, INEC.
The plaintiffs, through their lawyer, Mr. Bankole Akomolafe, alleged
that contrary to what was submitted to INEC, Adeleke, did not sit for
WAEC examination in 1981 as he claimed, since there was nothing like the
Senior Secondary School Certificate Examination as at then.
Read More at: https://leadership.ng/2019/05/31/waec-adeleke-eligible-to-contest-says-appeal-court/
Read More at: https://leadership.ng/2019/05/31/waec-adeleke-eligible-to-contest-says-appeal-court/
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