Against expectations, members of the Peoples Democratic Party (PDP) that took the governorship candidate of the party, Senator Ademola Adeleke, to court on Monday failed to withdraw the case, as court fixed Wednesday for ruling on different applications regarding the case pending before it.
Relying on section 177(d) of Nigeria thrme Constitution, the plaintiffs, Rasheed Olatunji and Idowu Oluwaseun had on 23rd of July, 2018 approached the court, contending that the PDP candidate was not eligible to participate in governorship primaries of the party, because he does not possess minimum required educational qualification, and prayed the court to set the election aside.
The court adjourned the case till August 1st for definite hearing but the case could not proceed to hearing, following a request by the plaintiffs through their lawyer, Barrister Femi Ayandokun, for out of court settlement, a development that led to another adjournment of the case to 6th of August, 2018.
Rather than discontinuing with the case when the matter came up on Monday, the court listened to preliminary objections and counter affidavits in respect of a suit challenging the eligibility of Adeleke as the governorship candidate of the People Democratic Party in the state.
Barrister Olufemi Ayandoku, counsel to the plaintiffs, revealed that the parties could not go on with the dialogue and expressed readiness to proceed to hearing, since counsel to the respondent, Barrister Edmund Biriomoni, had filed preliminary objections to prayers of the plaintiffs.
In his argument, Biriomini asked the court to strike out the motion on notice for want of competence and jurisdiction pointing out that the federal High Court is in position to decide the case.
The respondent, in opposition to the suit, filed three affidavits and written address deposed to by Adeleke.
On the motion of the notice, Biriomoni stressed that one need not pass secondary school certificate examination and that only prove of education up to the level is enough to make one eligible for a governorship position.
However, the plaintiffs’ counsel argued that the Testimonials and the Statement of Results presented by counsel to Senator Adeleke on the Senator’s education up to secondary school level, submitted before the court and the Independent National Electoral Commission, INEC, were forged.
He noted that Osun state was created in 1991 and that the document which was dated and purportedly issued in 1988 at Muslim Grammar School Ede could not have originated from Osun State because as of the said date Ede was in Oyo State.
He also added that the examination, Senior Secondary School Certificate (SSCE) which the senator claimed to have sat for was not in existence as of 1981 when he claimed to have written the examination.
He cited Section 31 (5) of the Electoral Law which stipulated that any person can approach the court if any candidate present false affidavit or document to INEC.
The court then adjourned the case till Wednesday, 8th August, 2018 for final ruling on all pending applications.
BOLADALE BAMIGBOLA, Osogbo
