The Court of Appeal sitting in Akure, Ondo State, Saturday, ruled that Ademola Adeleke, a Senator and candidate of the People’s Democratic Party, PDP, in the September 22, 2018 governorship election in Osun State, was fit and proper to contest the election and hold office.
The court, presided over by Justice M A Damjuma, with Justices R A Abdullahi and P.A Mahmoud as members, set aside the appeal against the judgment of Osogbo High Court which had confirmed the eligibility of Adeleke to contest for the governorship of Osun State.
The Osogbo High Court had ruled that Adeleke was qualified to contest for the governorship having been educated up to secondary school level as required by the constitution.
But Dr Akin Ogunbiyi, the runner-up in the PDP gubernatorial primary election, was not satisfied with the Osogbo High Court’s decision, and went ahead to challenge the decision at the court of appeal.
On his part, Ademola Adeleke, popularly known as the ‘Dancing Senator’ had insisted that the appellate court should declare him the candidate of the PDP.
But the Akure Appeal Court dismissed Ogunbiyi’s appeal on three grounds and affirmed the judgment of the lower court which confirmed Adeleke’s eligibility.
The first ground was that the court has no jurisdiction to hear the case.
The second was that the sponsored petitioner, Kingsley Awosiyan, from Ife Central, has no locus standi to file the case. The third was that the matter was brought to court outside the stipulated 14 days after the conduct of the governorship primary election.
The decision of the appellate court apparently put to rest the controversy over Adeleke’s eligibility to contest last September’s Osun State governorship election.
Obviously elated by the appellate court’s ruling, the PDP, in a statement issued by its Director of Publicity for South West Zone, Ayo Fadaka, said the decision was gratifying, adding that the case has no substance.
“We take due cognisance of the victory of Senator Ademola Adeleke at the Court of Appeal, Akure on issues concerning his qualification to contest the gubernatorial election,” Fadaka said.
“It is gratifying to note that the matter was resolved in his favour, particularly as there is no substance to this red herring accentuated and sustained by the APC for such a long time.
“This judgment has most fortunately castrated the curious verdict of the FCT High Court, Bwari.
“While we await hopefully the removal of all roadblocks that the APC has installed to forestall the inauguration of Adeleke as governor of Osun State, we express our confidence in the judiciary to do the needful in ensuring that justice and fair play continues to remain as the threshold upon which our democracy is built,” PDP said.
“While we await hopefully the removal of all roadblocks that the APC has installed to forestall the inauguration of Adeleke as governor of Osun State, we express our confidence in the judiciary to do the needful in ensuring that justice and fair play continues to remain as the threshold upon which our democracy is built,” PDP said.