Two Senior Advocates of Nigeria, (SAN) have said that the FCT High Court judgment which nullified the nomination of Sennator Ademola Adeleke as the governorship candidate of the Peoples Democratic Party in the September 2018 Governorship Election in Osun, cannot stand the test of time.
Justice Oathman Musa of an Abuja High Court, Bwari Area Council of Abuja on Tuesday, nullified the nomination of Adeleke as candidate of the PDP in the September 2018 Governorship Election in Osun State.
Justice Musa annulled Adeleke’s nomination on the grounds that Adeleke offended Section 177 of the 1999 Constitution as amended.
The section stipulates that candidates for the position of governor must be educated up to secondary school level.
According to Justice Musa, while the court’s findings show that Adeleke entered secondary school in 1976, there is no record to show that he actually graduated as his name is no longer seen in the school’s register from 1980.
Speaking on Wednesday in Abuja, Isreal Olondare (SAN) said that the judgment was not a sound one because the law stipulated that a person aspiring to any political office must be educated up to school certificate level.
“The ruling cannot stand the test of time because during the trial, it was the prosecution that subpoenaed the West African Examination Council (WAEC) to come and tender the result of Adeleke in court.
“They tendered the result and it was confirmed that he wrote the exams not withstanding that maybe he failed the papers.
“The constitution of Nigeria says that any person aspiring to office must be educated up to school certificate level it didn’t say that the person should have grade one or so on.
“Since there is evidence that he was educated up to school certificate level, he is qualified to contest,” the senior lawyer contended.
Moreover, he questioned the legality of the FCT High Court having jurisdiction to try a matter that arose from Osun state.
On his part, Nathaniel Oke (SAN), a counsel to Adeleke said that they were grossly dissatisfied with that judgment and would appeal it before the close of business on Wednesday.
“We are appealing against it and before today expires, we will file our notice of appeal against that judgement because we do not agree with any of the reasons given.
“We contended that our candidate having brought a certified true copy of the result of the examination he took in 1981 as ordered by the court with supportive affidavit, that in itself is sufficient to say that he is qualified.”
According to Oke, you don’t have to pass the exam of WAEC before you can be qualified, the moment you make an attempt, is suffices, which is the requirement of the law.
