The Court of Appeal in Abuja on Thursday adjourned till May 8 the hearing of the appeals challenging a judgment of the High Court of the Federal Capital Territory, which disqualified the Peoples Democratic Party’s governorship candidate in Osun State, Ademola Adeleke, from contesting the last election in the state.
There are two separate appeals filed by Adeleke and his party, both challenging the April 2, 2019 judgment of the FCT High Court.
The Justice Abubakar Yahaya-led three-man panel of the Court of Appeal adjourned the hearing following the absence of the Independent National Electoral Commission’s lawyer in court on Thursday.
Justice Yahaya also noted that the suit needed to be adjourned so that the later appeal filed by the PDP could be heard together with that of Adeleke which was filed much earlier.
He also noted that INEC was absent and was not represented by a lawyer.
The hearing earlier scheduled for April 25 had been adjourned till Thursday due to improper service of court processes by Adeleke.
The problem of improper service on INEC led to further adjournment of the appeal on Thursday.
Adeleke and the PDP are, by their appeals, challenging the April 2 judgment of Justice Othman Musa of the FCT High Court which nullified the nomination of Adeleke as the governorship candidate of the PDP in the September 2018 governorship election in Osun State.
Delivering judgment in the suit filed by Wahab Raheem and Adam Habeeb, the judge said Adeleke did not possess the minimum qualification of being educated up to secondary level as stipulated under Section 177 of the 1999 Constitution.
Justice Musa said the court’s findings showed that Adeleke was admitted into Ede Muslim High School, Ede, Osun State in 1976, while there was no record showing that he graduated as his name was not seen in the school’s register from 1980.
He added that the result Adeleke attached to his Form CF001, which he submitted to INEC was fake, as it was found to be different from the one presented to the court by the Principal of Ede Muslim High School, Ede, where he claimed to have graduated.