The Court of Appeal in Abuja has fixed for May 8 hearing of the separate appeals by the Peoples Democratic Party (PDP) and its governorship candidate in the Osun state governorship election, Senator Ademola Adeleke.
Both the PDP and Senator Adeleke are challenging the April 2, 2019 judgment delivered by Justice Othman Musa of the FCT High Court invalidating his candidacy for the election.
Justice Musa had held that Adeleke did not possess valid secondary school certificate for him to be eligible to stand election for the seat of the Governor of Osun state.
The Justice had said the court’s investigation found that the senator though enrolled in secondary school in 1976 but could find any record showing that Adeleke actually graduated since his name was not found among those in the school’s register for 1980.
Further, the judge averred noted that the result Adeleke submitted to the Independent National Electoral Commission (INEC) in the commission’s CF001 form was a fake one.
The suit challenging Adeleke’s qualification to contest was by Wahab Raheem and Adam Habeeb, who claimed that the senator was not qualified to contest the governorship election, under Section 177 of the Constitution.
Penultimate day, at the Court of Appeal, proceedings could not be held because of the absence of the Independent National Electoral Commission (INEC) and the fact that the PDP had filed a separate appeal.
The judgment was in the suit by Wahab Raheem and Adam Habeeb, who claimed that Adeleke as not qualified, under Section 177 of the Constitution to contest the governorship election.
At the Court of Appeal on Wednesday, proceedings were stalled when owing to the absence of the Independent National Electoral Commission (INEC) and the discovery, by the court, that the PDP has filed a separate appeal.
Justice Abubakaakar Yahaya, who led the court’s three-man panel, said the court learnt the PDP filed a separate appeal on the same judgment and has elected to hear both together and also observed that the INEC was absent and as not represented by a lawyer.
Justice Yahaya said: “We are not going to consolidate the appeals, but it is only proper for us to hear all the appeals on similar subject matter on the same day.
“We have seen that most of the processes have been exchanged,” the judge said, but added that the appeal by the PDP must be heard with the one filed by Adeleke, because they are on the same judgment.
He adjourned till May 8 for the hearing of both appeal and directed that “hearing notice shall be served on the Independent National Electoral Commission (INEC).”
