Background
Senator Adeleke was declared as the valid winner of the 2018 governorship election after he petitioned the court challenging the All Progressives Congress (APC) candidate Adegboyega Oyetola’s earlier victory against him.
Ahead of the polls, Wahab Raheem and Adam Habeeb of the All Progressives Congress (APC), dragged Adeleke and INEC to court, accusing the former of not possessing the requisite educational qualification – Secondary School Certificate – to contest for the office of Governor.
The two members of the opposition in a forgery suit prayed the court for an order to disqualify Adeleke from participating in the election.
On Tuesday, the presiding judge, Justice Oathman Musa ruled that the plaintiffs were able to prove that Adeleke did not qualify to contest in the elections – per the requirements of section 177 of the 1999 constitution, which stipulates that candidates for the position of Governor must attain secondary school level education.
Delivering judgment, Justice Musa said while the court’s findings showed that Adeleke entered Ede Muslim High School in 1976, there was no record to show that he actually graduated because his name was no longer seen in the school’s register from 1980.
Justice Musa further stated that the result Adeleke attached to his form CF001 which he submitted to the Independent National Electoral Commission (INEC) was fake, as it was found to be different from what the principal of the School, tendered to the court.
Adeleke’s lawyer, Nathaniel Oke SAN, reacting to the verdict, however, argued that the judge erred in law for failing to take into account the West African Examination Council certificate evidence but went out his way to source for evidence to arrive at his “unjust conclusion”.
