By Alex Enumah in Abuja
The Court of Appeal, Abuja on Thursday held that Senator Ademola Adeleke was qualified to run and contest for the 2018 governorship election in Osun State, having possessed the basic qualification of School Certificate.
The appellate court consequently set aside the decision of an Abuja High Court in Bwari, which nullified the candidacy of Senator Adeleke, the Peoples Democratic Party (PDP) in the September 22, 2018, Osun State governorship election.
In the judgment, the panel held that the Bwari FCT High Court lacked jurisdiction to entertain the suit in the first place, since the suit was filed more than 14 days from the cause of action.
The appellate court further faulted the judgment of the lower court on the grounds that judgment was delivered well outside the 180 days provided by the law.
In the judgment delivered by Justice Emmanuel Agim, the Court of Appeal, said Justice Oathman Musa of the FCT High Court lacked territorial jurisdiction to hear the suit in the first place been an issue that occurred in Osun State and consequently set aside his judgment.
The three man panel also held that the lower court erred in law and engaged in gross miscarriage of the appellant’s right to fair hearing when it reached its decision that Adeleke falsified his result, without considering the facts placed before it by the West African Examination Council (WAEC).
The Court of Appeal consequently dismissed the suit with a cost of N3m in favour of Adeleke.
Details later…
