Alex Enumah in Abuja
The Court of Appeal, Abuja Thursday adjourned till May 8 to commence hearing of the appeal filed by Senator Ademola Adeleke, challenging the nullification of his nomination as candidate of the Peoples Democratic Party (PDP), for the September 2018 governorship election in Osun State.
Also to be heard that day is a similar appeal filed by his party, the PDP.
The presiding judge of the three-man panel, Justice Abubakar Datti-Yahaya, in a short ruling held that since the appeals are similar in facts the court cannot hear them piece-meal as such that the court will adjourn to a date to hear the appeals.
The appellate court had last week adjourned to enable the appellant properly serve the respondents with court processes.
However, when matter came up yesterday, the Independent National Electoral Commission (INEC), a party in the appeal was not represented in court and the court had to adjourn the matter, with an order that hearing notices be served on all the parties in the matter.
In the PDP’s appeal filed by its National Legal Adviser, Emmanuel Enoidem, the party wants the appellate court to reverse the decision of the Abuja High Court that nullified the nomination of their candidate for the election.
Justice Oathman Musa of an Abuja High Court in Bwari, had last month in a judgment, nullified Adeleke’s nomination as the candidate of the PDP in the September 2018 governorship election in Osun State, on the grounds that he (Adeleke) offended Section 177 of the 1999 constitution as amended.
The section stipulated that candidates for the position of governor must be educated up to secondary school level.
Adeleke who represents Osun West senatorial district at the National Assembly, faulted the judgment of Justice Musa on the grounds that the judge erred in law by going out of his way to source for evidence to arrive at his “unjust conclusion”.
He submitted that the court erred particularly when it ignored WAEC’s evidence that Adeleke was educated up to Secondary School level as required by law.