Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,153,149 members, 7,818,452 topics. Date: Sunday, 05 May 2024 at 04:10 PM

Senator Adeleke's Disqualification: Legal Implications - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Senator Adeleke's Disqualification: Legal Implications (667 Views)

Court Strikes Out Suit Seeking Adeleke’s Disqualification / Police Arrest Principal Of Ede Muslim High School Over Senator Adeleke’s Result / Osun 2018: Senator Adeleke, Extends Hand OF FELLOWSHIP TO ALL CONTESTANTS (2) (3) (4)

(1) (Reply) (Go Down)

Senator Adeleke's Disqualification: Legal Implications by ejimatic: 6:52pm On Apr 05, 2019
Following the judgement of a Federal High Court in Abuja on Tuesday, where it held that the nomination of Senator Ademola Adeleke as candidate of the Peoples Democratic Party (PDP) in the September 2018 Governorship Election in Osun State was null and void, legal practitioners have spoken on the implications of the verdict.
The judgment as delivered by Justice Othman Musa was premised on the fact that Adeleke does not possess the minimum educational qualification (Secondary School Certificate) prescribed in Section 177 of the 1999 Constitution, as amended and that the result attached to the form CF001 he used to secure clearance from the Independent National Electoral Commission (INEC) was fake.
The case was filed by the duo of Wahab Raheem and Adam Habeeb who are chieftains of the All Progressives Congress in Osun.
Justice Musa stressed that whereas the court found that Adeleke entered secondary school in 1976, there was no record to show that the PDP’s flag-bearer actually graduated, as his name was not found in the school’s register from 1980.
It stressed that the result he produced was found to be different from the one presented to the court by the principal of Ede Muslim High School, Ede, Osun State, where Adeleke purportedly graduated.
In another development, witnesses brought before the Federal High Court in Abuja on Wednesday told the court that the senator did not sit for the National Examination Council Examinations in 2017 as he claimed.
The witnesses include, Emmanuel Odesola and Adigun Akintayo who acted as supervisors and invigilators during the said exams in Ojo-Aro Community Grammar School.
Odesola who was the third prosecution witness said, though it was his first time of being in the school he didn’t see the senator in the examination hall.
The witnesses said they only saw one Sikiru Adeleke (the Senator’s brother) who is listed as 2nd respondent in the examination hall.
Apart from the case of which the judgement had been delivered, Ademola Adeleke and Sikiru Adeleke were accused of fraudulently, through impersonation registered as students of Ojo-Aro Community Grammar School, Ojo-Aro, Osun State to enable them sit for the NECO exam in 2017.
Reacting to the court verdict, a human right advocate, Barrister Kayode Adebisi said, by the judgement of the court, in the eyes of the law, the PDP did not field a candidate for the election, noting that it was not possible for the PDP to be declared victorious in an election it did not participate in.
He said: “It’s a pre-election matter and it boils down on the fact that the PDP presented an unqualified candidate for the election. What the PDP candidate did was against the Electoral Act 2010 as amended. Section 139 to be precise states that before you contest an election, you need to sign an oath that the information you are giving is true to the best of the person’s knowledge. If it is now found out that you have lied, like that of Adeleke the court can disqualify such candidate.
“However, in the eyes of the law, the PDP had no candidate for the gubernatorial election. In an election the victory belongs to the party and not the individual. The laws of the land do not recognize independent candidacy. Therefore, the party has not followed due process in producing a candidate for that election and it cannot claim any victory.
He said the legal team of Governor Gboyega Oyetola at the tribunal could capitalize on this by presenting this with valid evidence as part of the case before the Court of Appeal.
A lawyer, Yomi Obaditan believes that the judge must have looked at the evidence from both sides before giving his judgement, adding that the last may not have been heard of the case.
He said, the implications of the judgement is that it might put a paid to his gubernatorial ambition if it ends this way at the Supreme Court, even if the election tribunal’s judgement is upheld at the apex court .
He said: “This is what is called a pre-election matter. According to the judgement, Adeleke was unfit to have contested the election as stated in Section 177 of the Nigerian Constitution 1999. It spelt out qualification of candidates contesting elective positions.
“When you look at the nitty-gritty of the law on the allegation, the implication is that Adeleke forged his certificate and it is a criminal issue and doesn’t have to do with his disqualification. The question before us is did Adeleke acquired secondary education? If yes, the Court of Appeal will annul the High Court judgement”, he said.
Re: Senator Adeleke's Disqualification: Legal Implications by youngestuk(m): 6:57pm On Apr 05, 2019
grin
Re: Senator Adeleke's Disqualification: Legal Implications by richidinho(m): 7:00pm On Apr 05, 2019
This man from a very rich family for just manage write WAEC na, I won't because we are from the same party I no go talk true, he was busy dancing upandan

can you imagine?

Just like Buhari look at the embarrassment now
Re: Senator Adeleke's Disqualification: Legal Implications by EASY39(m): 7:01pm On Apr 05, 2019
Pdp Is Osun Demola Is Our Governor
Re: Senator Adeleke's Disqualification: Legal Implications by durangokid: 7:02pm On Apr 05, 2019
ejimatic:
Following the judgement of a Federal High Court in Abuja on Tuesday, where it held that the nomination of Senator Ademola Adeleke as candidate of the Peoples Democratic Party (PDP) in the September 2018 Governorship Election in Osun State was null and void, legal practitioners have spoken on the implications of the verdict.
The judgment as delivered by Justice Othman Musa was premised on the fact that Adeleke does not possess the minimum educational qualification (Secondary School Certificate) prescribed in Section 177 of the 1999 Constitution, as amended and that the result attached to the form CF001 he used to secure clearance from the Independent National Electoral Commission (INEC) was fake.
The case was filed by the duo of Wahab Raheem and Adam Habeeb who are chieftains of the All Progressives Congress in Osun.
Justice Musa stressed that whereas the court found that Adeleke entered secondary school in 1976, there was no record to show that the PDP’s flag-bearer actually graduated, as his name was not found in the school’s register from 1980.
It stressed that the result he produced was found to be different from the one presented to the court by the principal of Ede Muslim High School, Ede, Osun State, where Adeleke purportedly graduated.
In another development, witnesses brought before the Federal High Court in Abuja on Wednesday told the court that the senator did not sit for the National Examination Council Examinations in 2017 as he claimed.
The witnesses include, Emmanuel Odesola and Adigun Akintayo who acted as supervisors and invigilators during the said exams in Ojo-Aro Community Grammar School.
Odesola who was the third prosecution witness said, though it was his first time of being in the school he didn’t see the senator in the examination hall.
The witnesses said they only saw one Sikiru Adeleke (the Senator’s brother) who is listed as 2nd respondent in the examination hall.
Apart from the case of which the judgement had been delivered, Ademola Adeleke and Sikiru Adeleke were accused of fraudulently, through impersonation registered as students of Ojo-Aro Community Grammar School, Ojo-Aro, Osun State to enable them sit for the NECO exam in 2017.
Reacting to the court verdict, a human right advocate, Barrister Kayode Adebisi said, by the judgement of the court, in the eyes of the law, the PDP did not field a candidate for the election, noting that it was not possible for the PDP to be declared victorious in an election it did not participate in.
He said: “It’s a pre-election matter and it boils down on the fact that the PDP presented an unqualified candidate for the election. What the PDP candidate did was against the Electoral Act 2010 as amended. Section 139 to be precise states that before you contest an election, you need to sign an oath that the information you are giving is true to the best of the person’s knowledge. If it is now found out that you have lied, like that of Adeleke the court can disqualify such candidate.
“However, in the eyes of the law, the PDP had no candidate for the gubernatorial election. In an election the victory belongs to the party and not the individual. The laws of the land do not recognize independent candidacy. Therefore, the party has not followed due process in producing a candidate for that election and it cannot claim any victory.
He said the legal team of Governor Gboyega Oyetola at the tribunal could capitalize on this by presenting this with valid evidence as part of the case before the Court of Appeal.
A lawyer, Yomi Obaditan believes that the judge must have looked at the evidence from both sides before giving his judgement, adding that the last may not have been heard of the case.
He said, the implications of the judgement is that it might put a paid to his gubernatorial ambition if it ends this way at the Supreme Court, even if the election tribunal’s judgement is upheld at the apex court .
He said: “This is what is called a pre-election matter. According to the judgement, Adeleke was unfit to have contested the election as stated in Section 177 of the Nigerian Constitution 1999. It spelt out qualification of candidates contesting elective positions.
“When you look at the nitty-gritty of the law on the allegation, the implication is that Adeleke forged his certificate and it is a criminal issue and doesn’t have to do with his disqualification. The question before us is did Adeleke acquired secondary education? If yes, the Court of Appeal will annul the High Court judgement”, he said.
. Analysis from APC propaganda club, I hope too you know the implications of that too Iis that APC has no presidential candidate?
Re: Senator Adeleke's Disqualification: Legal Implications by Peacecore: 7:12pm On Apr 05, 2019
durangokid:
. Analysis from APC propaganda club, I hope too you know the implications of that too Iis that APC has no presidential candidate?
o boy calm down.e no go even c light for appeal court, u no d reason y? D reason d tribunal gave was silly n was used to collect his money.

1 Like

Re: Senator Adeleke's Disqualification: Legal Implications by ejimatic: 7:30pm On Apr 05, 2019
ejimatic:
Following the judgement of a Federal High Court in Abuja on Tuesday, where it held that the nomination of Senator Ademola Adeleke as candidate of the Peoples Democratic Party (PDP) in the September 2018 Governorship Election in Osun State was null and void, legal practitioners have spoken on the implications of the verdict.
The judgment as delivered by Justice Othman Musa was premised on the fact that Adeleke does not possess the minimum educational qualification (Secondary School Certificate) prescribed in Section 177 of the 1999 Constitution, as amended and that the result attached to the form CF001 he used to secure clearance from the Independent National Electoral Commission (INEC) was fake.
The case was filed by the duo of Wahab Raheem and Adam Habeeb who are chieftains of the All Progressives Congress in Osun.
Justice Musa stressed that whereas the court found that Adeleke entered secondary school in 1976, there was no record to show that the PDP’s flag-bearer actually graduated, as his name was not found in the school’s register from 1980.
It stressed that the result he produced was found to be different from the one presented to the court by the principal of Ede Muslim High School, Ede, Osun State, where Adeleke purportedly graduated.
In another development, witnesses brought before the Federal High Court in Abuja on Wednesday told the court that the senator did not sit for the National Examination Council Examinations in 2017 as he claimed.
The witnesses include, Emmanuel Odesola and Adigun Akintayo who acted as supervisors and invigilators during the said exams in Ojo-Aro Community Grammar School.
Odesola who was the third prosecution witness said, though it was his first time of being in the school he didn’t see the senator in the examination hall.
The witnesses said they only saw one Sikiru Adeleke (the Senator’s brother) who is listed as 2nd respondent in the examination hall.
Apart from the case of which the judgement had been delivered, Ademola Adeleke and Sikiru Adeleke were accused of fraudulently, through impersonation registered as students of Ojo-Aro Community Grammar School, Ojo-Aro, Osun State to enable them sit for the NECO exam in 2017.
Reacting to the court verdict, a human right advocate, Barrister Kayode Adebisi said, by the judgement of the court, in the eyes of the law, the PDP did not field a candidate for the election, noting that it was not possible for the PDP to be declared victorious in an election it did not participate in.
He said: “It’s a pre-election matter and it boils down on the fact that the PDP presented an unqualified candidate for the election. What the PDP candidate did was against the Electoral Act 2010 as amended. Section 139 to be precise states that before you contest an election, you need to sign an oath that the information you are giving is true to the best of the person’s knowledge. If it is now found out that you have lied, like that of Adeleke the court can disqualify such candidate.
“However, in the eyes of the law, the PDP had no candidate for the gubernatorial election. In an election the victory belongs to the party and not the individual. The laws of the land do not recognize independent candidacy. Therefore, the party has not followed due process in producing a candidate for that election and it cannot claim any victory.
He said the legal team of Governor Gboyega Oyetola at the tribunal could capitalize on this by presenting this with valid evidence as part of the case before the Court of Appeal.
A lawyer, Yomi Obaditan believes that the judge must have looked at the evidence from both sides before giving his judgement, adding that the last may not have been heard of the case.
He said, the implications of the judgement is that it might put a paid to his gubernatorial ambition if it ends this way at the Supreme Court, even if the election tribunal’s judgement is upheld at the apex court .
He said: “This is what is called a pre-election matter. According to the judgement, Adeleke was unfit to have contested the election as stated in Section 177 of the Nigerian Constitution 1999. It spelt out qualification of candidates contesting elective positions.
“When you look at the nitty-gritty of the law on the allegation, the implication is that Adeleke forged his certificate and it is a criminal issue and doesn’t have to do with his disqualification. The question before us is did Adeleke acquired secondary education? If yes, the Court of Appeal will annul the High Court judgement”, he said.
. What the constitution says on this matter is clear. I agree with submission of the lawyers here.There is a difference between Faleke vrs APC in Kogi and Adeleke vrs PDP in Osun
In the case of Kogi, Audu died before he was announced governor Thus the man who came second in APC primary became governor.Faleke lost in Appeal and Supreme court.It was post election matter.In the case of Adeleke vrs PDP in Osun. PDP fielded an unqualified candidate for the election.it is a pre election matter.So it means they did not deliberately contest in the election. So APC may have their way eventually. That is what is in the electoral act and the constitution....

(1) (Reply)

Imo:joint Commitee Constituted For May 29 Handover / Installation Of Hon. Gboyega Adefarati As Asiwaju Ijo Of Holy Trinity Anglican C / PDP Congratulates Zamfara State Governor-elect, Others

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 40
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.