The Federal High Court Abuja was
on Friday asked to decide whether Ademola Adeleke still qualified to be a
serving Senator having been found guilty of forging the Secondary School
Certificate he used in contesting election.
This is contained in a suit
marked FHC/ABJ/CS/462/2019 and filed by Akinwale Olaniyi and Akinjide Monsuru
and made available to newsmen by their Counsel, Mr Ola Adeosun in Abuja.
The other respondents are the
Peoples Democratic Party, the Senate, Senate President and the Independent
National Electoral Commission (INEC).
Adeleke won the supplementary
election on the platform of the PDP to close up the vacant Osun West Senatorial
District Seat created by the demise of his elder brother Sen. Isiaka Adeleke in
2017.
The court is asked to decide
whether with the combined provisions of Sect. 65 (2) (a) of the Constitution
and judgment of the FCT High Court delivered April 2, Adeleke still qualified
to occupy the seat.
Justice Othman Musa of the FCT
High Court had in that judgment declared the Secondary School Certificate
presented by Adeleke to INEC as fake.
NAN however, reports that
dissatisfied by the judgment, Adeleke approached the Court of Appeal, Abuja to
challenge the decision of the court.
The plaintiffs further prayed
that if the above question was in the negative, the court should decide whether
the combined effect of the stated provisions of the constitution and the
judgment nullified Adeleke’s position as senator.
They also prayed the court to decide
whether the combined effect of the above provisions with the judgment, the
first defendant could still draw salaries from the senate.
The plaintiffs, therefore, said
if the three questions raised were answered in the negative, the court should
declare Adeleke unfit to contest the July 2017 Osun West Senatorial District
election.
They also urged the court to
declare the participation of the first defendant and his eventual declaration
as the winner of the election as null, void and of no effect.
The plaintiffs further urged the
court to declare that the continuous representation of the first defendant in
the Senate as senator representing Osun West Senatorial District as illegal,
null and void.
In the light of the above, the
plaintiffs asked for an order to direct INEC to withdraw the certificate of
return already issued to the first defendant as the elected senator
representing Osun West Senatorial District at the senate.
They also asked for an order of
perpetual injunction to restrain the Senate and the senate president from
further recognizing and dealing with Adeleke as senator representing Osun West
Senatorial District of Osun State.
The plaintiffs prayed for another
order of perpetual injunction restraining Adeleke from further parading himself
as a senator representing Osun West Senatorial District.
They further prayed for an order
for the court to direct Adeleke to refund all salaries, allowances and other
emoluments so far collected from the coffers of the Federal Government with
immediate effect.
NAN reports that the case file is
yet to be assigned to a judge.
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