Appeal court rules in favour of Adeleke, says he was qualified to contest

The court of appeal in Abuja has ruled that Ademola Adeleke, candidate of the Peoples Democratic Party (PDP) during the 2018 Osun governorship election, was qualified to contest in the election.

In April, a high court nullified Adeleke’s candidature over allegations that he forged the secondary school credentials submitted to the Independent National Electoral Commission (INEC).

The high court gave the ruling based on a suit filed by Wahab Raheem and Adam Habeeb, two chieftains of the All Progressives Congress (APC).

Adeleke and PDP appealed the decision of the FCT high court.

In its ruling on  Thursday, the three-man panel of the court of appeal made a unanimous judgment in favour of Adeleke.

Emmanuel Agim, in the lead judgement, said the suit was ‘statute barred’ as the plaintiffs filed the action seven days after the conduct of the election, failing to utilize the 14 days prescribed for pre-election cases by the constitution.

Agim also held that the court lacked the territorial jurisdiction to entertain the matter.

The judge further said the interpretations of the issues in the suit was selectively done.

The judge awarded the cost of N3 million against the plaintiffs, Raheem and Habeeb, who were respondents to the appeals.

Agim held that the Adeleke’s claim to have obtained a school certificate from Moslem Secondary School Edeh could not be disputed as evidence had clearly shown that he did.

He explained that some of the errors noticed in the certificate did not matter, adding that such errors were from the school.

Agim further said that the West African School Certificate ledger provided by the examination body vindicated supported Adeleke’s defence of having attempted WAEC examination.

“The trial court was perverse to still deliver its judgment against the defendant when it clearly should not have.

“In the circumstance, the April 2 judgment by Justice Othman Musa of the High Court of the Federal Capital Territory (FCT) in Bwari, which voided Adeleke’s candidacy for the governorship election in Osun State is hereby set aside.”

According to the judge, Adeleke was qualified to have contested by virtue of Section 177 of the constitution, by merely writing the examination and without passing any paper.