Fact-Check: *Did Ademola Adeleke lie under oath* ?

The factional governornship candidate of the Peoples Democratic Party in Osun State for the July 16, 2022 election has been alleged to have committed perjury by swearing under oath. The allegation borders on his response to the questionnaire in the INEC form he submitted in 2018 when he was running for the same position.

In the INEC Form submitted by Ademola Adeleke in 2018, he was asked if he had acquired Citizenship of another Country? Ademola said NO.

_Please find attached the INEC Form under review_ .

Here is the question under Part B number 9 of the INEC Form: *Have you voluntary acquired citizenship of other country?*

His answer in the INEC form is *NO* .

*Investigation*

Meanwhile, investigation conducted indicates the ex-senator is a known citizen of the United States of America. He acquired the US citizenship *voluntarily* through Naturalisation.

Naturalisation is one of the voluntary ways of obtaining a citizenship of a country contrary to Involuntary method through Jus Sanguine ( becoming a citizen on the basis of Blood relationship) and Jus Soli ( becoming a citizen as a result of Place of birth).

*What does Nigeria law say about Perjury?*

According to the criminal code act, any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question...intended to be raised in that proceeding, is guilty of an offence which is called PERJURY. Any person who commits perjury is liable to imprisonment for up to fourteen years, depending on the state where the offence is committed.

*Conclusion*

If a perjury case is instituted against Senator Ademola Adeleke in court and he is found guilty, he will not only be ineligible to become Osun Governor but will also be sent to jail, for up to 14 years, for the criminal offence.

Okerenla:



Fact-Check: *Did Ademola Adeleke lie under oath* ?

The factional governornship candidate of the Peoples Democratic Party in Osun State for the July 16, 2022 election has been alleged to have committed perjury by swearing under oath. The allegation borders on his response to the questionnaire in the INEC form he submitted in 2018 when he was running for the same position.

In the INEC Form submitted by Ademola Adeleke in 2018, he was asked if he had acquired Citizenship of another Country? Ademola said NO.

_Please find attached the INEC Form under review_ .

Here is the question under Part B number 9 of the INEC Form: *Have you voluntary acquired citizenship of other country?*

His answer in the INEC form is *NO* .

*Investigation*

Meanwhile, investigation conducted indicates the ex-senator is a known citizen of the United States of America. He acquired the US citizenship *voluntarily* through Naturalisation.

Naturalisation is one of the voluntary ways of obtaining a citizenship of a country contrary to Involuntary method through Jus Sanguine ( becoming a citizen on the basis of Blood relationship) and Jus Soli ( becoming a citizen as a result of Place of birth).

*What does Nigeria law say about Perjury?*

According to the criminal code act, any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question...intended to be raised in that proceeding, is guilty of an offence which is called PERJURY. Any person who commits perjury is liable to imprisonment for up to fourteen years, depending on the state where the offence is committed.

*Conclusion*

If a perjury case is instituted against Senator Ademola Adeleke in court and he is found guilty, he will not only be ineligible to become Osun Governor but will also be sent to jail, for up to 14 years, for the criminal offence.

Pdp flagbearer names are Senator Ademola Jackson Nurudeen Adeleke. Stop activating your propaganda tactics here. It doesn’t works again.

Okerenla:



Fact-Check: *Did Ademola Adeleke lie under oath* ?

The factional governornship candidate of the Peoples Democratic Party in Osun State for the July 16, 2022 election has been alleged to have committed perjury by swearing under oath. The allegation borders on his response to the questionnaire in the INEC form he submitted in 2018 when he was running for the same position.

In the INEC Form submitted by Ademola Adeleke in 2018, he was asked if he had acquired Citizenship of another Country? Ademola said NO.

_Please find attached the INEC Form under review_ .

Here is the question under Part B number 9 of the INEC Form: *Have you voluntary acquired citizenship of other country?*

His answer in the INEC form is *NO* .

*Investigation*

Meanwhile, investigation conducted indicates the ex-senator is a known citizen of the United States of America. He acquired the US citizenship *voluntarily* through Naturalisation.

Naturalisation is one of the voluntary ways of obtaining a citizenship of a country contrary to Involuntary method through Jus Sanguine ( becoming a citizen on the basis of Blood relationship) and Jus Soli ( becoming a citizen as a result of Place of birth).

*What does Nigeria law say about Perjury?*

According to the criminal code act, any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question...intended to be raised in that proceeding, is guilty of an offence which is called PERJURY. Any person who commits perjury is liable to imprisonment for up to fourteen years, depending on the state where the offence is committed.

*Conclusion*

If a perjury case is instituted against Senator Ademola Adeleke in court and he is found guilty, he will not only be ineligible to become Osun Governor but will also be sent to jail, for up to 14 years, for the criminal offence.

Cc fergie001,ejimatic,legally minded,adegbaraogboye etc I believe this may be a ground for his disq

press9jatv:
Pdp flagbearer names are Senator Ademola Jackson Nurudeen Adeleke. Stop activating your propaganda tactics here. It doesn’t works again.

So swhat is the difference?

garfield1:



Cc fergie001,ejimatic,legally minded,adegbaraogboye etc I believe this may be a ground for his disq

. What did Adeleke fill in in the form 2022? Is it yes or no? Any issue relating to the 2018 election is status barred.

garfield1:



Cc fergie001,ejimatic,legally minded,adegbaraogboye etc I believe this may be a ground for his disq

Of course, Yes. He is likely to be disqualified and jailed.

ejimatic:
. What did Adeleke fill in in the form 2022? Is it yes or no? Any issue relating to the 2018 election is status barred.

A crime is not statute barred.

garfield1:


So swhat is the difference?

Do you mind him?

Okerenla:


A crime is not statute barred.

There is no way we want to adress the issue without recourse to the election. It cannot be handled in isolation. My opinion is that there is a time frame to address issues relating to the election Including the one in question now. ...

garfield1:
ejimatic,legally minded,adegbaraogboye etc I believe this may be a ground for his disq

I will not want to add other things, but for the question:

Is Perjury a ground for disqualification?

YES.

fergie001:


I will not want to add other things, but for the question:

Is Perjury a ground for disqualification?

YES.

True.I remember seeing it in the constitution during atiku vs buhari.again,I think a reps member in ondo was sacked for similar citizenship saga

fergie001:


I will not want to add other things, but for the question:

Is Perjury a ground for disqualification?

YES.

But sir perjury when? When filling a form in2018! There is a time limit fir any irregularity and non compliance on an election matter. I still believe it is status barred!

ejimatic:
. What did Adeleke fill in in the form 2022? Is it yes or no? Any issue relating to the 2018 election is status barred.

According to mad lion case in Benue,it isnt

ejimatic:
There is no way we want to adress the issue without recourse to the election. It cannot be handled in isolation. My opinion is that there is a time frame to address issues relating to the election Including the one in question now. ...

That time frame will only come in if APC fails to file the case within the 14 days timeline.I think inec published candidates particulars some days ago and 15 days hasn't elapsed

garfield1:


According to mad lion case in Benue,it isnt

pls sir shed more light on the case

Okerenla:


Do you mind him?

If you are close to osun govt,let them know of this and quickly file a suit

ejimatic:
pls sir shed more light on the case

Can't recall,I believe fergie001 has the full details

garfield1:


That time frame will only come in if APC fails to file the case within the 14 days timeline.I think inec published candidates particulars some days ago and 15 days hasn't elapsed

. The issue here is that the initiater of this thread is talking about 2018 election form where Adeleke was alleged to have lied not this present one.My opinion is the perjury he committed then is status barred since nobody raised any alarm on it then. We cannot open. the case now

garfield1:


Can't recall,I believe fergie001 has the full details

. Awaiting Fegies to talk about an election matter whose case was opened 4 years later Let t hear him !

This is a thread for learned colleagues.

Even if he is disqualified, the new electoral act protects PDP votes

Okerenla:



Fact-Check: *Did Ademola Adeleke lie under oath* ?

The factional governornship candidate of the Peoples Democratic Party in Osun State for the July 16, 2022 election has been alleged to have committed perjury by swearing under oath. The allegation borders on his response to the questionnaire in the INEC form he submitted in 2018 when he was running for the same position.

In the INEC Form submitted by Ademola Adeleke in 2018, he was asked if he had acquired Citizenship of another Country? Ademola said NO.

_Please find attached the INEC Form under review_ .

Here is the question under Part B number 9 of the INEC Form: *Have you voluntary acquired citizenship of other country?*

His answer in the INEC form is *NO* .

*Investigation*

Meanwhile, investigation conducted indicates the ex-senator is a known citizen of the United States of America. He acquired the US citizenship *voluntarily* through Naturalisation.

Naturalisation is one of the voluntary ways of obtaining a citizenship of a country contrary to Involuntary method through Jus Sanguine ( becoming a citizen on the basis of Blood relationship) and Jus Soli ( becoming a citizen as a result of Place of birth).

*What does Nigeria law say about Perjury?*

According to the criminal code act, any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question...intended to be raised in that proceeding, is guilty of an offence which is called PERJURY. Any person who commits perjury is liable to imprisonment for up to fourteen years, depending on the state where the offence is committed.

*Conclusion*

If a perjury case is instituted against Senator Ademola Adeleke in court and he is found guilty, he will not only be ineligible to become Osun Governor but will also be sent to jail, for up to 14 years, for the criminal offence.

it’s when Apc and its flagbearer Oyetola is loosing woefully on every front that the loser Apc will be dishing out their lies and propaganda against Pdp indefatigable flagbearer, Senator Ademola Adeleke .

Reinvented:
Even if he is disqualified, the new electoral act protects PDP votes

lol so Na you go disqualify him. Funny Apc agent. Senator Ademola Adeleke has come to stay to win the July 16th governorship election. No form of lies and propaganda will stop him from getting his mandate back been giving to him by the electorates.

False information in INEC Form CF001 which is an affidavit, amounts to lying on oath and is invariably, a crime. Being a crime, its commission must be proven beyond reasonable doubt.

In proving beyond reasonable doubt, it is not enough for an appellant qua plaintiff to demonstrate the act of falsification (of age), it is also incumbent on him to establish that the act was intentional. In other words that it was done with the intention to gain an advantage by the alleged act of criminality. (Agi v PDP 2016 SC)

SC on APC v Obaseki 2021:

The information in Obaseki's CF001 (2016) and EC9 (2020) differ only on the year of graduation from University of Ibadan and the period 1st respondent worked at Afrinvest.

Such differences may create doubt about the truth of the information, but they cannot be proof that the said information in the affidavit is false. Such proof would require evidence beyond a different information in a previous affidavit of the informant.

The nature of the information in issue in this case requires evidence of more than a previous inconsistent statement of the declarant to prove that the current information is false.


Can a false document submitted by Adeleke in 2018 be an admissible evidence in 2022?

A crime is established once it is shown that the information is false. (APC v Obaseki 2021 SC)

In the case of Saleh v Abah, Abah presented a forged Certificate from the Fed Poly Mubi for the 2011 HoR elections in which he defeated Saleh at the PDP Primaries.

In 2015, Abah removed the said forged document from qualifications submitted to INEC in 2011 and won again but Saleh challenged it.

The question in form INEC form CF001 and Section 66(1)(i) of the 1999 Constitution (as amended) is whether a certificate that turned out to be forged has ever been presented, not whether the forger has ever been charged, tried or convicted on this. (Saleh v Abah 2016 SC)

The SC went ahead to remove Abah.


In the alternative that Adeleke is a citizen of the US, can he be disqualified?

References can be made to Section 182(1):

"No person shall be qualified for election to the office of Governor of a State if -
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or..."

and Section 28(1)

"Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth."

The Appeal Court in decided cases have insisted that a Nigerian Citizen by birth cannot be deprived of contesting elections in Nigeria:

PDP v Abiola Ajimobi 2012
Gboluga v Akintoye 2019

***Was there a reason to lie, if any?

Adeleke been a citizen of Nigeria by birth is entitled to contest elections in Nigeria.


Who can sue Adeleke?

Point 1:
An aspirant who participated in the primaries of his political party who has reasonable grounds to believe that any information given by his political party's candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirements to contest the election is false may file a suit at the Federal High Court against that candidate seeking a declaration that the information contained in the affidavit is false. (Section 29(5) of the Electoral Act 2022 as amended).

Adeleke been the sole candidate in the PDP Primaries cannot be sued by any person.

However, the Nigeria Police can sue following very thorough evidence if indeed he had perjured.



kahal29, ejimatic, legallyminded, adegbaraogboye, garfield1

Reinvented:
Even if he is disqualified, the new electoral act protects PDP votes

Even pdp stands disq

ejimatic:
. Awaiting Fegies to talk about an election matter whose case was opened 4 years later Let t hear him !

No need.look for saleh vs Chris abah supra 2017. The crucial question in the inec form was have you ever presented a forged certificate to inec? According to the supreme court,the word ever is unlimited and infinite.it includes all previous polls...

in number 8 of the inec form,he was asked if he ever changed nationality in the past? So you see,it is not statute barred.

garfield1:


Even pdp stands disq

You are still in 2019. Wake up!
Go and campaign for Oyetola and stop running from pillar to post. In law, you provide evidence, not conjectures. Do you have any documentation about his citizenship to show to the courts? Again even you have, the names MUST match alphabet for alphabet.

APC that has many of it's governors that are American citizens wants to start rubbish

When people lose elections in Nigeria, they come on social media to be planting irrelevant stories like this one. If the senator stated in a past form that he only had Nigerian citizenship at the time, then he may be right in his answer. Case closed. The question now becomes, when did he become a US citizen? was it after he had filled out this said form and has he filled out a subsequent form with his current status as a dual citizen of the United States of America and Nigeria.

Reinvented:


You are still in 2019. Wake up!
Go and campaign for Oyetola and stop running from pillar to post. In law, you provide evidence, not conjectures. Do you have any documentation about his citizenship to show to the courts? Again even you have, the names MUST match alphabet for alphabet.

Oga,a dumbie like adeleke will be disqualified

I love your legal intervention. Very perspectival. How I wish the Thread could make it to frontpage so other profound comments could be shared to enrich the discourse.

I reiterate my appreciation for your brilliant input. God bless you.

fergie001:
False information in INEC Form CF001 which is an affidavit, amounts to lying on oath and is invariably, a crime. Being a crime, its commission must be proven beyond reasonable doubt.

In proving beyond reasonable doubt, it is not enough for an appellant qua plaintiff to demonstrate the act of falsification (of age), it is also incumbent on him to establish that the act was intentional. In other words that it was done with the intention to gain an advantage by the alleged act of criminality. (Agi v PDP 2016 SC)

SC on APC v Obaseki 2021:

The information in Obaseki's CF001 (2016) and EC9 (2020) differ only on the year of graduation from University of Ibadan and the period 1st respondent worked at Afrinvest.

Such differences may create doubt about the truth of the information, but they cannot be proof that the said information in the affidavit is false. Such proof would require evidence beyond a different information in a previous affidavit of the informant.

The nature of the information in issue in this case requires evidence of more than a previous inconsistent statement of the declarant to prove that the current information is false.


Can a false document submitted by Adeleke in 2018 be an admissible evidence in 2022?

A crime is established once it is shown that the information is false. (APC v Obaseki 2021 SC)

In the case of Saleh v Abah, Abah presented a forged Certificate from the Fed Poly Mubi for the 2011 HoR elections in which he defeated Saleh at the PDP Primaries.

In 2015, Abah removed the said forged document from qualifications submitted to INEC in 2011 and won again but Saleh challenged it.

The question in form INEC form CF001 and Section 66(1)(i) of the 1999 Constitution (as amended) is whether a certificate that turned out to be forged has ever been presented, not whether the forger has ever been charged, tried or convicted on this. (Saleh v Abah 2016 SC)

The SC went ahead to remove Abah.


In the alternative that Adeleke is a citizen of the US, can he be disqualified?

References can be made to Section 182(1):

"No person shall be qualified for election to the office of Governor of a State if -
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or..."

and Section 28(1)

"Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth."

The Appeal Court in decided cases have insisted that a Nigerian Citizen by birth cannot be deprived of contesting elections in Nigeria:

PDP v Abiola Ajimobi 2012
Gboluga v Akintoye 2019

***Was there a reason to lie, if any?

Adeleke been a citizen of Nigeria by birth is entitled to contest elections in Nigeria.


Who can sue Adeleke?

Point 1:
An aspirant who participated in the primaries of his political party who has reasonable grounds to believe that any information given by his political party's candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirements to contest the election is false may file a suit at the Federal High Court against that candidate seeking a declaration that the information contained in the affidavit is false. (Section 29(5) of the Electoral Act 2022 as amended).

Adeleke been the sole candidate in the PDP Primaries cannot be sued by any person.

However, the Nigeria Police can sue following very thorough evidence if indeed he had perjured.



kahal29, ejimatic, legallyminded, adegbaraogboye, garfield1

fergie001:
False information in INEC Form CF001 which is an affidavit, amounts to lying on oath and is invariably, a crime. Being a crime, its commission must be proven beyond reasonable doubt.

In proving beyond reasonable doubt, it is not enough for an appellant qua plaintiff to demonstrate the act of falsification (of age), it is also incumbent on him to establish that the act was intentional. In other words that it was done with the intention to gain an advantage by the alleged act of criminality. (Agi v PDP 2016 SC)

SC on APC v Obaseki 2021:

The information in Obaseki's CF001 (2016) and EC9 (2020) differ only on the year of graduation from University of Ibadan and the period 1st respondent worked at Afrinvest.

Such differences may create doubt about the truth of the information, but they cannot be proof that the said information in the affidavit is false. Such proof would require evidence beyond a different information in a previous affidavit of the informant.

The nature of the information in issue in this case requires evidence of more than a previous inconsistent statement of the declarant to prove that the current information is false.


Can a false document submitted by Adeleke in 2018 be an admissible evidence in 2022?

A crime is established once it is shown that the information is false. (APC v Obaseki 2021 SC)

In the case of Saleh v Abah, Abah presented a forged Certificate from the Fed Poly Mubi for the 2011 HoR elections in which he defeated Saleh at the PDP Primaries.

In 2015, Abah removed the said forged document from qualifications submitted to INEC in 2011 and won again but Saleh challenged it.

The question in form INEC form CF001 and Section 66(1)(i) of the 1999 Constitution (as amended) is whether a certificate that turned out to be forged has ever been presented, not whether the forger has ever been charged, tried or convicted on this. (Saleh v Abah 2016 SC)

The SC went ahead to remove Abah.


In the alternative that Adeleke is a citizen of the US, can he be disqualified?

References can be made to Section 182(1):

"No person shall be qualified for election to the office of Governor of a State if -
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or..."

and Section 28(1)

"Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth."

The Appeal Court in decided cases have insisted that a Nigerian Citizen by birth cannot be deprived of contesting elections in Nigeria:

PDP v Abiola Ajimobi 2012
Gboluga v Akintoye 2019

***Was there a reason to lie, if any?

Adeleke been a citizen of Nigeria by birth is entitled to contest elections in Nigeria.


Who can sue Adeleke?

Point 1:
An aspirant who participated in the primaries of his political party who has reasonable grounds to believe that any information given by his political party's candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirements to contest the election is false may file a suit at the Federal High Court against that candidate seeking a declaration that the information contained in the affidavit is false. (Section 29(5) of the Electoral Act 2022 as amended).

Adeleke been the sole candidate in the PDP Primaries cannot be sued by any person.

However, the Nigeria Police can sue following very thorough evidence if indeed he had perjured.



kahal29, ejimatic, legallyminded, adegbaraogboye, garfield1

A candidate of another party can also sue.