An Osun State High Court sitting in Osogbo, on Thursday, July 26, 2018, has directed Senator Ademola Adeleke to present his certificate before the court by Wednesday, August 1, 2018.
It would be recalled that suit with reference no HOS/19/03/2018 was filed before the court by the members of the PDP, namely, Rasheed Olabayo and Oluwasegun Idowu who were the plaintiffs.
Joined in the suit as defendants are Nurudeen Jackson Ademola Adeleke as the (1st), the Peoples Democratic Party, PDP, (2nd), Chief Uche Secondus (3rd ), Soji Adagunodo (4th) and the Independent National Electoral Commission, INEC, as the 5th defendant.
The plaintiffs had approached the court with a sworn affidavit saying Senator Adeleke did not possess Certificate as required by Section 177 (d) of the 1999 constitution and urges the court to set aside the July 21st, 2018 primary election which produced him as the governorship candidate of the Peoples Democratic Party in the state.
Ruling on the ex-parte application filed by Rasheed Olabayo and Oluwaseun Idowu, Justice David Oladipmeji explained that granting the leave to restrain the PDP from presenting Adeleke as its governorship candidate over his inability to present his certificate may subject the court to mockery if the Senator thereafter presents the certificate.
Justice David Oladimeji said, “It will be inequitable not to allow the respondent to come and show his certificate if he has any but if given the opportunity to present a side of the case, the balance which is necessary for an interlocutory injunction would be adequately considered.”
Justice Oladimeji held that the ex-parte injunction has only seven days lifespan and that there is still window left open till August 8, considering the affidavits sworn to by the applicants.
The presiding judge submitted that “being an election matter, it is my conviction that the public will not be uninterested in the proceedings of this court,” explaining that the importance of the matter would make the court not to grant the injunction and warned that, “once a matter is before a court any party cannot take a further step without the express permission of the court.”
Oladimeji thereafter adjourned the motion on notice till Wednesday, August 1, 2018, for definite hearing, adding that no form of excuse from the litigants would be tolerated by the court.
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