Exam malpractices: Sen Adeleke arraigned, risks 10-year jail terms if convicted

…Trial begins Dec 17, 18,19
The Peoples Democratic Party (PDP) candidate in the recent Osun State governorship election, Senator Ademola Adeleke, was on Wednesday arraigned with four other accused persons on four-count charge before the Federal High Court in Abuja over alleged involvement in examination malpractices.

The other defendants are Senator Adeleke’s brother – Sikiru Adeleke, Alhaji Aregbesola Mufutau (Principal, Ojo-Aro Community Grammar School, Ojo-Aro, Osun State where the alleged exam malpractices took place, Gbadamosi Thomas Ojo (school Registrar) and Dare Samuel Olutope (a teacher).

Adeleke and his accomplices risk 10 years imprisonment on each count without an option of fine if the charge of conspiracy and impersonation are proved against them before the court.

But when the charge was read to Senator Adeleke and other defendants, they pleaded not guilty to the criminal offence.

Adeleke, who wore a light brown simple buba and trousers with his traditional unique long cap to match, had arrived with his routine of aides in his usual boisterous mood, at the court premises at about 8.15 am.

Senator Adeleke was admitted to bail on self-recognition by Justice Edward Ekwo. The court also ordered Adeleke to deposit his passport with the Court registrar.

The court also directed Senator Adeleke, as part of his bail conditions, to sign an undertaken to always attend trial and shall not travel out of the country without the permission of the court.

The court also granted bail to Senator Adeleke’s brother- Sikiru Adeleke and the principal of the school, Alhaji Aregbesola Mufutau, on the sum of N2 million each with a surety.

The judge also ordered that the surety must be owners of landed property within jurisdiction of the court which shall be verified by the registrar of the court.

But the bail applications of two other defendants – Gbadamosi Thomas Ojo (school Registrar) and Dare Samuel Olutope (a teacher), were not heard.

Upon their arraignment on Wednesday by the Federal Government, the defendants pleaded not guilty to the charges against them.

Lawyer to Senator Adeleke, Chief Alex Izinyon (SAN), informed the court of a bail application dated and filed on October 12, 2018.

He informed the court that Senator Adeleke is currently enjoying administrative bail granted him by the police and has not jumped bail since, adding that Adeleke is a serving Senator and would always appear in court for his trial if released on bail.

Lawyer to the second and third defendants, Chief Nathaniel Oke (SAN) and Abdulsalam Abdulfatah respectively, moved the bail applications for their clients, while the court declined attempt by Oke to move an oral application for the 4th and 5th defendants.

But the prosecution lawyer, Simon Laugh, did not oppose the bail applications.

In a short ruling, Justice Ekwo, who noted that bail is at the discretion of the court, granted the applications as prayed, adding that the prosecution while not opposing the motion admitted that the defendants are all on administrative bail.

The judge also directed the defendants to submit their passports to the court and must not travel out of the country without obtaining express permission from the court.

However, Justice Ekwo ordered the remand in prison custody of the 4th and 5th defendants, Gbadamosi Ojo (school Registrar) and Dare Olutope (a teacher) since they did not apply for bail.

He subsequently adjourned till December 17, 18 and 19 for full trail.

In the charge marked: FHC/ABJ/CR/156/2018, the defendants are accused of fraudulently, through impersonation, registering as students of Ojo-Aro Community Grammar School, Ojo-Aro Osun State to enable them sit for the National Examinations Council (NECO) examination of June/July 2017.

In the first count preferred against the defendants, the prosecution alleged that the five defendants “conspired to commit felony, to wit: examination malpractices, and thereby committed an offence contrary to section 10 of the Examination Malpractices Act Cap E15 LFN 2004”.

In count 2, the prosecution alleged that the three members of staff of the school acted in concert by aiding and abetting “the commission of examination malpractice by impersonation” when they alleged “registered Senator Ademola Adeleke and Sikiru Adeleke” while knowing or having “reasons to believe that they are not students of the school”.

The alleged offence was said to be contrary to Section 9(1) of the Examination Malpractices Act Cap E15 LFN 2004.

In count three, the two Adelekes were accused of acting in concert, and “impersonated as students of Ojo-Aro Community Grammar School when you fraudulently registered as students of the school in the June/July, 2017 NECO”.

The offence is said to be contrary to Section 3(2) of the Examination Malpractices Act Cap E15 LFN 2004.

The fourth count accused the three members of staff of the school of “acting in concert” and while “saddled with the responsibilities of registering students of your school in the June/July 2017 NECO examination,

breached that duty by registering Senator Ademola Adeleke and Sikiru Adeleke as students of your school in the June/July 2017 NECO examination when you know or had reasons to believe that they are not students of the school”.

The fourth count was said to be contrary to Section 10(a) and punishable under Section 3(2) of the Examination Malpractices Act Cap E15 LFN 2004.

After the judge’s ruling, Adeleke hanged around the court corridor with his aides until the judge rose at about 11 am before he returned to the court room where he waited until 3 pm before his bail conditions were perfected.