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20 Nov 2018

PDP members drag Adeleke to court for presenting fake certificate for primary election

Three members of the Peoples Democratic Party in Osun state have dragged the party and its governorship candidate in the September 22 governorship election, Senator Ademola Adeleke, to court for allegedly contesting PDP governorship primary election with a fake certificate.

The plaintiffs sought Adeleke’s disqualification from the September 22 governorship election for allegedly submitting fake certificates to secure clearance for the PDP primary.

It would be recalled that two PDP members, Rasheed Olabayo and Idowu Oluwaseun, before the governorship election, dragged Senator Adeleke before Justice David Oladimeji of an Osogbo High Court seeking his disqualification from the governorship election, because the federal lawmaker did not have minimum educational requirement to contest for the office of governor.

Justice Oladimeji, in his judgement, relying on the Supreme Court judgment on a similar case between Terver Kakih v. PDP, 2014 and Sections 318 (d) and 177 ( d), said the PDP candidate was qualified to contest the September 22 governorship election.

However, joined in the fresh suit instituted by Awoosiyan Olalekan, Ojejade Thomas and Awodire Sina, filed before Federal High Court, Osogbo, are Independent National Electoral Commission and the Peoples Democratic Party.

The plaintiffs, in an originating summon dated October 30th, 2018, filed before a Federal High court in Osogbo, through their counsel, Gboyega Oyewole, SAN, copy of which was obtained by our correspondent, said that the participation of Adeleke at, and his return as the winner of the governorship primary conducted by the PDP on the 21st of July, 2018 for the purpose of him being the candidate of the party and his subsequent participation in the governorship election of the 22nd of September, 2018 as the party’s candidate, was null and void because he presented false information to the electoral commission.

They also told the court that all votes allocated to the Adeleke at, and his return as the winner of the primary election, which led to his nomination and the subsequent participation of Adeleke in the governorship election as the PDP candidate should be voided on account of ineligibility, false information and submission of false documents.

They urged the the court to determine whether Adeleke should not have been disqualified from flying the flag of PDP on account of ineligibility, false information and submission of false documents he allegedly presented to INEC.

Other prayers of the plaintiffs are: “An order of court directing the 3rd Defendant (INEC) to strike out and/or delete the name of the 1st Defendant (Adeleke) as the candidate presented to the 3rd Defendant having not met the constitutional requirement for his qualification and eligibility to contest or participate as a Governorship candidate in the Osun State Governorship Election held on the 22nd of September, 2018.”

“An order of perpetual injunction restraining the 1st Defendant (Adeleke) from parading himself or holding himself out in any manner or guise whatsoever as the nominated governorship candidate of the 2nd Defendant for the Osun State Governorship Election held on the 22nd of September, 2018.”

”An order of perpetual injunction restraining the 3rd Defendant (INEC) from dealing with or continuing to deal with or otherwise recognize the 1st Defendant as the validly nominated candidate of the 2nd Defendant (PDP) for the Osun State Governorship Election, 2018.”

“An order replacing the name of the 1st Defendant (Adeleke) with the name of Dr. Akin Ogunbiyi, the 1st runner up at the said primary election conducted by the 2nd Defendant on the 21st of July, 2018, as the winner of the said primary election and thereby the candidate of the 2nd Defendant for the purpose of the Osun State Governorship election held on the 22nd of September, 2018 in compliance with the Constitution of the 2nd Defendant (PDP)) and its electoral guideline.”

“An order declaring the 1st runner up, Dr. Akin Ogunbiyi at the said primary election conducted by the 2nd Defendant (PDP) on the 21st of July, 2018, as the winner of the said primary election, thereby the candidate of the 2nd Defendant (PDP) for the purpose of the Osun State Governorship election held on the 22nd of September, 2018 having won the highest of lawful votes cast by delegates at the said primary election and in compliance with the Constitution of the 2nd Defendant and its electoral guideline.”

The respondents have twenty-one days to respond to the reliefs sought by the plaintiffs.

When contacted for reaction, head of legal, Adeleke Campaign Organisation, Chief Niyi Owolade said his client has been served.

“Those behind the case are being used and it is a challenge for the party. How can serious party members be talking about that now that we are going to tribunal?

“We don’t have any issue.  All we are concerned about now is our petition before the tribunal. We consider this fresh matter as part of plot to distract us,” Owolade concluded.

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