Senator Ademola Adeleke has given four reasons why he believes the judgment of the High Court of the Federal Capital Territory, Bwari, Abuja, nullifying his candidature for the September 2018 governorship election in Osun State, would not stand.
Justice Othman Musa of the FCT High Court in Bwari, Abuja, had, on Tuesday, nullified Adeleke’s nomination by the Peoples Democratic Party for the last year’s poll.
The judge held that Adeleke was not qualified to run for the office of a governor, not being, allegedly, educated up to secondary school level as required of him under Section 177 of the Nigerian Constitution.
But, rejecting the judgment in an early Wednesday’s statement, Adeleke vowed to appeal against it, describing it as “flawed and a travesty of justice.”
“While we are set to appeal the judgment, we also find it compelling to put the records straight by listing out the fatal flaws in the ruling and why it cannot stand before any court,” Adeleke said in the statement.
The statement titled, ‘Flawed Bwari judgment against Senator Adeleke cannot stand !’, issued on his behalf in the name of his campaign organisation, was signed by a lawyer, Niyi Owolade.
Adeleke said the message which he “received with bewilderment, subverted justice by ignoring four critical evidence to rule against validated facts and submissions.”
Faulting the judgment, Adeleke said, firstly, there had been “two rulings delivered in September 2018” which “held that Senator Adeleke satisfied all requirements of the law to contest for office.”
He stated that the Tuesday judgment breached the “precept” that “once a court of coordinate jurisdiction has ruled on a matter, court of similar jurisdiction cannot entertain it.”
The statement added that the judge “erred in law by failing to take note of the expiration of 180 days for ruling on pre-election matters.”
It adde, “ Even when a December 2018 judgment with respect to the issue was presented, the judge chose to ignore it.
“We note that the judge violated the law by adjudicating over a matter whose filing and hearing period had expired.”
The senator also faulted the judgment by claiming the judgment ignored the evidence produced by the West Africa Examination Council which listed “all students who sat for the May / June examination in 1981 alongside the senator, in addition to the certified true copies of his school certificate result.”