Alleged certificate forgery: A’Court frees Sen.Adeleke, upturns FCT High Court decision
Andrew Orolua, Abuja
Court of Appeal Abuja division on Thursday held that Senator Ademola Adeleke possessed the requisite qualification to contest the Osun State Governorship election on Sept 22, 2018.
A Federal Capital Territory High Court had on April 4 disqualified the candidature of Senator Adeleke the governorship candidate of the Peoples Democratic Party (PDP) from the contest of the said election on the ground that he did not possessed the requisite qualification.
In a unanimous judgment on Thursday the Court of Appeal said that the suit filed by members of the All Progressives Congress (APC) at FCT High Court challenging Adeleke qualification was a pre election matter brought outside the 14 days allowed by the law.
Delivering the lead judgment Justice Emmanuel Agim also held that being a pre election matter the suit ought not to have been filed 43 days after the appellant had submitted the alleged forged WAEC certificate.
Besides, Justice Agim the trial court delivered its judgment on the suit 209 days instead of the 180 constitutionally stipulated for judgment for the trial courts on pre election matters.
He resolved the five issues raised in the appeal filed by Adeleke in his favour. Justice Agim declared the judgment delivered by Justice Othman Musa of the FCT High Court void haven been delivered outside the 180 days.
The Court of Appeal also held that the FCT high court had no jurisdiction to have entertained suit whose cause of action arose from Oshogbo , the capital of Osun State where Adeleke submitted the alleged forged certificate.
The appellate court further faulted the decision of FCT high court on the ground that FCT High Court has no powers to set aside the decision of Osun State High Court .
It said the FCT high court has no jurisdiction to site on appeal over the decision of a coordinate jurisdiction particularly as the judgment bound all including the FCT High Court.
He declared the decision of the FCT high court a nullity. The appellate court said it was curious that the trial court also subpoenaed some evidences and exhibits such as the affidavit evidence from WEAC but woefully failed to consider them in his judgment .
