The presidential candidate of the Peoples Democratic Party in last general elections, Atiku Abubakar, has reacted to the Supreme Court judgement on the Osun State Election noting that, ‘hope is not dead.’
Atiku in a series of Tweet on his verified Twitter handle @Atiku said the apex court ruling is not the end of the road for Senator Ademola Adeleke or the PDP.
He noted that although the legal case is over, the love and acceptance of the PDP and its candidate is not over.
“I join with people of goodwill all over Nigeria to say to Senator Ademola Adeleke, and the people of the great state of Osun, that we stand with them in good times and in difficult days.
“The Supreme Court has ruled and because of its judicial finality, the legal case is over.
“However, the love, acceptance and endorsement that the people of Osun bestowed on both Senator Adeleke and the Peoples Democratic Party is not over and cannot be overlooked.
“Those who think this is the end of the road for Senator Adeleke and the PDP in Osun, are greatly mistaken. This is not the end. Not even the beginning of the end. No. Today marks the continued ascendancy of Senator Adeleke and his party in the hearts and minds of his people.
“The great people of Osun had expected that the progress and development that the Adeleke family had consistently brought to Osun will be translated to their governance. That hope is not dead. Only delayed.”
Atiku also assured the people of Osun State that the PDP remembers their love and acceptance and will never forget to stand by them no matter the situation.
He also urged the nation’s judiciary to take a pulse of the nation and reflect it.
“In their hands, God has placed a great responsibility. The duty to ensure that justice is done, irrespective of the pressure to do otherwise, by the powers that be,” Atiku added.
The Supreme Court had earlier on Friday affirmed Oyetola’s victory at the Osun Election held in September 2018.
The court also dismissed the appeal filed by the PDP and its governorship candidate, Adeleke challenging the election of Governor Adegboyega Oyetola of the APC.
The apex court therefore dismissed the appeal filed by the Peoples Democratic Party (PDP) and its governorship candidate, Ademola Adeleke, challenging the election of Oyetola of the All Progressives Congress (APC).
Senator Ademola Adeleke has asked the Supreme Court to uphold his appeal and set aside the judgment of the Appeal Court, while restoring the judgment of the tribunal which declared him the winner of September 2018 governorship election in Osun State.
Responding to the application on Monday, counsel to Governor Gboyega Oyetola, Mr. Wole Olanipekun asked the court to dismiss the appeal by senator Adeleke while upholding and affirming the judgment of the appellate court.
In his own response counsel to INEC, Mr. Yusuf Ali told the Apex Court that the commission has not filed any motion but will abide by the judgment of the court.
Speaking on behalf of the APC, the ruling party’s counsel Mr. Olumide Olujimi also said he did not file an appeal but will want the court to dismiss the appeal.
The Supreme Court adjourned the judgment for July 5, 2019, a seven-man panel of the court, led by the Acting Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad chose the date after taking final arguments in respect of the main appeal.
The new date comes before the 8th of July deadline when the time for the hearing of the appeal will elapse in line with the 4th alteration of the constitution which stipulates that a post-election appeal must be heard with 60 days from the judgment of the lower court.
The Court of Appeal in Abuja has set aside the judgement by a High Court which voided the eligibility of Senator Ademola Adeleke in the last Osun State governorship election.
The People’s Democratic Party (PDP) and Adeleke had earlier approached the Court of Appeal challenging the April 2, 2019 judgment by Justice Othman Musa of the High Court of the Federal Capital Territory (FCT) in Bwari, which voided Adeleke’s candidacy for the election on the grounds that he was not qualified, having not possessed a valid secondary school certificate.
However, in a unanimous judgment of the appeal court delivered by Justice Peter Agim on Thursday, the appellate court set aside the judgment of the lower court.
Justice Agim held that the lower court lacked jurisdiction to have entertained the suit in the first place because it was filed outside the 14 days envisaged by the law to file a pre-election suit.
Justice Agim said another reason why the judgment of the lower court is a nullity is because the judgment was delivered 209 days after the course of action was filed is outside the 180 days envisaged by law for a judgment in a pre-election matter to be written and delivered.
The appellate court also held that Justice Othman lacked territorial integrity to have heard the suit in the first place because a high court in the FCT cannot seat over a pre-election matter that has to do with the governorship election in Osun State.
The court also held that it was a gross miscarriage of the appellant’s right to fair hearing for the lower court not to have considered all the documents and facts placed before it before reaching a decision that the lawmaker falsified his educational qualifications.
The court also held that it is curious that the lower court abandoned the evidence it asked for from WAEC and not considering the said documents. This is a wrong approach.
Justice Agim, in conclusion, said the appeal succeeds and is upheld. He set aside the judgment of the lower court delivered by Justice Othman.
The first and second respondent was also ordered by the court to pay N3million to Senator Adeleke as cost.
A member of the Peoples Democratic Party (PDP) in Odo-Otin local government area of Osun State, Mr Ajayi Shuaib, on Thursday denied filing fresh suit against Senator Ademola Adeleke, his party and the Independent National Electoral Commission (INEC).
A fresh litigation with no FHC/OS/16/19 was on Monday, 13th of May instituted against Adeleke, PDP and INEC at the Federal High Court, Osogbo by Ajayi Shuaib on behalf of himself and concerned members of the PDP.
However, distancing himself from the suit, Ajayi maintained that his name was fraudulently used by one Bukola Adewale to file fresh case against Adeleke, the PDP and INEC, contending that he knew nothing about the litigation.
In a sworn affidavit deposed to at the Federal High Court, Osogbo, Ajayi said “on the 5th of May, 2019, one Bukola Adewole came to my house at Agbeye, Odo-Otin. I was not at home when he came, but he met my wife at home.”
Ajayi continued “he spoke to me on phone while in my house that in respect of the job I was seeking, that he had gotten a way to get me a job, that my PDP membership card with a passport photograph will be needed. I directed my wife to give it to him. Thereafter, Bukola Adewale came to meet me at Inisa.”
“On the 10th day of May, 2019, Bukola Adewale called me on phone and invited me to meet him in Osogbo. What I got to him, he said the people we were to see were somewhere in Gbongan/Abere road. We took a taxi to meet the people there.”
“When we got there, we met one Lawyer Oyagbile, the lawyer asked whether Adewale had explained the issue of the job to me. Thereafter, Lawyer Oyagbile said I needed to sign some forms. He gave them to me and I signed same and he also collected my passport. I left both of them there and went back home.”
“Surprisingly and unexpectedly, on the 13th of May, the for state organising secretary of the PDP, Hon Musibau Abioye called me on phone to inquire why I had sued our governorship candidate, Senator Ademola Adeleke.”
“I was shocked to hear this. I told him I did not sue Senator Ademola Adeleke. I never told anybody of my intention to sue anybody let alone the governorship candidate of the PDP who I have always supported and voted for as my party’s candidate.”
Describing the use of his name as fraudulent, Ajayi stressed that “I did not authorise my name to be used as an applicant in this suit. I depose to this affidavit in good faith believing same to be these and correct in accordance with the oaths.”
Senator Ademola Adeleke who was arraigned on fresh certificate charges has been granted N2million bail with one surety in like sum, must be a resident of the Federal Capital Territory.
He was arraigned on Tuesday before a magistrate court in Abuja on a five-count charge bordering on alleged false statement and forgery.
He pleaded not guilty to all the five count charges proffered against him and his lawyer, Mr Adebiyi Adeyosoye accordingly moved an application for his bail.
Shortly after the court began its proceeding, the police prosecutor assistant commissioner of police Simon lough informed the court of the charges preferred against the lawmaker and the need for him to take a plea.
But counsel to Senator Adeleke, Mr Adeyosoye, told the court that it would impracticable for the court to proceed with the arraignment on the grounds that the defendant is already standing trial on the same charge in two different high courts.
He submitted that going ahead with the arraignment would amount to an abuse of court process.
Mr Adeyosoye further told the court that Justice Inyang Ekwo of the Federal High Court in Abuja had on May 3, granted Adeleke permission to travel abroad for medical attention, ordering the police not to hinder him from embarking on his medical trip out of the country.
The lawyer also presented before the court another order of a High Court in Osun, which specifically ordered the police not to arrest or prevent him from travelling abroad for medical attention.
The two court orders were tendered and admitted in evidence as exhibit A and A1.
He thereafter urged the court to adjourn indefinitely pending the hearing and determination of the two main suits.
Responding, the prosecutor, Simon Lough, opposed the application for adjournment, on the grounds that the orders of the court admitted as evidence did not say that the defendant cannot be arraigned.
Mr Lough, in addition, informed the court that the police has already filed an appeal against the orders of Justice Ekwo of the Federal High Court.
He, therefore, urged the court to dismiss the application and order the defendant to take his plea.
Ruling on the application for adjournment, the magistrate held that going by the hierarchy of court, the magistrate court is bound by the orders of a high court.
He further held that the court cannot stop the defendant from enjoying his fundamental rights as ordered by the high courts.
However, Justice Zubaru declined to adjourn the matter indefinitely on the grounds that nowhere in the two orders of the two high courts that the police were ordered not to arraign the defendant.
He subsequently ordered that the charge be read to Adeleke for him to take his plea.
Although prosecuting counsel opposed the application for bail, which the lawmaker through his counsel made, on grounds that the defendant did not show evidence of his ill health, Justice Zubaru, in his ruling held that he was mindful to grant the bail application as bail is at the discretion of the court.
The court granted the lawmaker bail in the sum of two million naira and also ordered Senator Adeleke to produce a surety in like sum, who must be a resident of the court’s jurisdiction and thereafter adjourned the matter to June 24, 2019, for the commencement of trial.
Less than an hour after the sitting the lawmaker perfected his bail conditions prompting the police vehicle that brought him to court to leave. While he left the court premises in the company of his jubilant supporters and well-wishers.
Senator Ademola Adeleke has appeared in court following his arrest on Monday by men of the Nigerian Police Force.
Senator Adeleke who arrived on Tuesday at the Magistrate Court in Abuja has been docked and is challenging his arraignment.
Counsel to the police says he is ready to proceed with the case but his Counsel (Adeleke), Chris Adebiyi is objecting the arraignment.
He said a Federal High Court in Osun State has granted an order restraining the police from arresting the lawmaker and that the court also gave him leave to travel to the US on the account of ill health.
He said the order of the Federal High Court asked the defendant to answer to their invitation but the court ordered that the first defendant return his passport to the court three days after his return.
Mr Adebiyi explained that the court ordered that the police will not arrest Senator Adeleke upon honouring the police invitation.
He said a High Court in Osun state also affirmed and upheld the order.
“We are not saying he cannot be arraigned but the order of the court has to be respected”.
Mr Adebiyi concluded that based on the order it will be impracticable to continue with the arraignment.
But the prosecutor said he is not objecting to the tendering of the documents rather he was not served.
The defence lawyer prayed the court to adjourn the matter indefinitely pending the hearing and determination of the suit before the court which has the same facts as this case and where the prosecutor is a party in the suit.
Replying the prosecutor opposed the application that the matter be adjourned indefinitely and the release of the defendant.
He submitted that the objection is highly misplaced and misconceived noting that the court did not say the Senator cannot be arraigned but only directed him to appear before the police.
He added that they have filed an appeal and motion for a stay against the order.
Mr Adebiyi in his response said the motion filed by the police is a mere paper because there is no order of the court.
He added that the order of the Osun high Court has not been objected to by anybody.
The Senator’s campaign organisation in a statement on Monday claimed that the police detained the parliamentarian on old trumped up charges of certificate and testimonial forgery.
Ologbondiyan said “The plot is to drag Senator Adeleke before an ostensibly compromised magistrate court, over the same issues of alleged forged school testimonial that is already before the Federal High Court, with a view to using such corridor to secure a stampeded trial and hurried conviction, and put him out of circulation, over trump-up charges.
“The PDP holds that any arraignment of Senator Adeleke in a magistrate court, for a matter that is already being heard by the Federal High Court, is a calculated plot to cause crisis in the judicial system, enmesh the matter in unnecessary controversy as a pathway to truncate the course of justice in his matter.”
In line with his argument, the PDP spokesman demanded forthwith, the immediate and unconditional release of Senator Adeleke by the police.
Meanwhile, the Osun State chapter of the PDP in a separate statement has asked Nigerians and the International community to hold the Nigeria Police Force and the All Progressive Congress responsible for any harm that comes to Senator, Ademola Adeleke.
This is according to a Press release issued by the State Chairman Hon Soji Adagunodo in response to the arrest of Adeleke by the Police.
Adagunodo said the arrest is fuelling speculation of an attempt to put Senator Adeleke in harm’s way to prevent him from conclusively retrieving the mandate freely given him by the good people of Osun State.
He argued that the arrest tramples on the rights of Adeleke who has been granted permission by a Federal High Court to seek urgent Medical attention abroad, especially because the offence for which the police has again detained Senator Adeleke are based on the same facts which competent courts of the land are currently handling.
From day one, I have never doubted the sacking of APC from Osun after that sham election. Today, I have once again been proven right. Adeleke has won his seat. Let the dancing continue. Oya, where is my Gbegiri!
APC have decided to go to the Appeal Court to challenge the decision of the Osun Tribunal. Guess what? They would still lose even up to the Supreme Court. Where is my Gbegiri o jare and my cool beer and asun!
Except @OfficialAPCNg chooses NOT 2 go to to the Court of Appeal, & if need be, Supreme Court, decision of the Osun Governorship Election Tribunal is non binding as it is NOT the Court of final jurisdiction. Till those court rule, Oyetola remains The Osun Governor.
His excellency: David which way to the Government house ? David: DAT WAY !!!! I INTRODUCE TO YOU HIS EXCELLENCY GOV ADEMOLA NURUDEEN ADELEKE THE GOVERNOR OF OSUN STATE ! 🙏🏽🤩 @IsiakaAdeleke1pic.twitter.com/Xwo9A1tInU
The Osun Government in its communique appreciated the support of the majority of the people “in all things essential for mutual progress”.
It further assured all the residents of the state of adequate security of lives and properties, noting that the Government of the State is still the only legitimate government having the authority to govern Osun.
Residents of the state were urged to go about their lawful duties without any hindrance.
The Peoples Democratic Party’s (PDP) governorship candidate for the Osun Election, Ademola Adeleke, has been arraigned at the Federal High Court in Abuja.
Mr Adeleke was arraigned by the police on a four-count charge of alleged examination malpractice alongside four others.
He and the other four pleaded not guilty to the charges.
The defendants are the principal of Ojo-Aro community grammar school Osun state, Aregbesola Muftau; the registrar of the school, Gbadamosi Ojo, a teacher in the school, Dare Olutope, and the senator’s cousin, Sikiru Adeleke.
The prosecution accused three of the defendants of fraudulently registering Senator Adeleke and his cousin, as students of Ojo-aro community grammar school, in Osun State, for the National Examination Council’s June/July 2017 Senior School Certificate Examination in February 2017.
Three of the defendants, including Senator Adeleke, were thereafter granted bail, having filed their separate bail applications ahead of today’s arraignment.
The court ordered him to deposit his international passport with the registrar.