It is no longer news that on Tuesday, April 2nd 2019, Justice Oathman Musa of an Abuja High Court sitting in Bwari Area Council delivered a judgment in the suit to annul Sen. Adeleke’s nomination on the grounds that he violated section 177 of the 1999 constitution as amended. This was in response to the case filled by two chieftains of the All Progressives Congress (APC), Wahab Raheem and Adam Habeeb, in 2018 accusing Sen. Ademola Adeleke of not possessing the requisite educational qualification (secondary school certificate) to contest for the office of governor.

It is however crucial to boldly postulate that the ruling is a watery judgement and a purchased ruling that cannot stand. It is also pertinent to make clear that the ruling is a purposeful attempt orchestrated by APC to negatively distract the attention of the public and deflate the hope of the good people of Osun State on the outcome of the Osun Govenroship tussle which had already been won by Sen. Nurudeen Ademola Adeleke and Osun PDP. It is crystal clear that the judgement will not stand at the Court of Appeal for some obvious reasons.

First, the West African Examination Council (WAEC) had during the court’s proceedings in September, 2018 reportedly confirmed that Adeleke sat for the May/June examination of the council in 1981. The council in an affidavit filed at the registry of the Federal Capital Territory (FCT) High Court confirmed that Sen. Adeleke sat for the Senior Secondary School exams in May/ June 1981. Further more, as against the position of the plaintiffs' counsel, Bankole Akomolafe, who on Sept 11, 2018 claimed that the PDP candidate did not sit for the WAEC examination in 1981 because the Senior Secondary School Certificate Examination had not been introduced in the country as at then, the Council (WAEC) faulted his position stating that the examination body was established in 1952 and was introduced in Nigeria subsequently. This justified the efficacy that the Judge, Justice Oathman Musa erred in law by going out of his way to source for evidence to arrive at his “unjust conclusion”.

Secondly, the judgement will be impotent at the Court of Appeal because the matter in question has been addressed by two High Court rulings, affirming that in the face of the constitution, Senator Adeleke is qualified to run for the governorship. The two rulings delivered in September 2018 held that Senator Adeleke satisfied requirements of the law to contest for the office. It is trite in law that once a court of coordinate jurisdiction has ruled on a matter, a court of similar jurisdiction cannot entertain it. Shockingly, the Bwari judge breached this precept to subvert justice.

More importantly, the public should note that the judge erred in law by failing to observe the expiration of 180 days for ruling on pre-election matters. Even when a December 2018 judgement with respect to the issue was presented, the judge ignored it. We however put it to the good people of Osun State that the judge violated the law by adjudicating over a matter whose filing and hearing period has expired.

Hence, it is expedient on Osun APC and Mr Gboyega Oyetola to do the needful by preparing to hand over to the legally elected Governor of Osun State, Sen. Nurudeen Ademola Adeleke instead of putting up a mockery on the Justice System.

Signed:
Akinyode Soyoye
Director, Media & Publicity
Ireyode Progressive Movement.

Whenever you guys win at the court it is democracy but when others win it is purchased victory.

No peace for the wicked.