An Osun State High Court sitting in Osogbo, the state capital Thursday, ruled that Senator Ademola Adeleke be given the opportunity to present his certificate before the court by Wednesday, August 1, 2018
Rasheed Olabayo and Oluwaseun Idowu had approached the court claiming that Senator Adeleke did not possess Certificate as required by Section 177 (d) of the 1999 constitution and told the court to set aside the July 21st, 2018 primary election which produced him as the governorship candidate of the Peoples Democratic Party in the state.
The court, while ruling on the ex-parte application filed by Rasheed Olabayo and Oluwaseun Idowu, explained that granting the leave to restrain the PDP from presenting Adeleke as its governorship candidate over his inability to present his certificate may subject the court to mockery if the Senator thereafter presents the certificate.
Justice David Oladimeji said, “It will be inequitable not to allow the respondent to come and show his certificate if he has any but if given the opportunity to present side of the case, the balance which is necessary for interlocutory injunction would be adequately considered.”
Justice Oladimeji explained further that the ex-parte injunction as only seven days lifespan and that there are still window left open till August 8 according to the affidavits sworn to by the applicants.
The presiding judge added that “being an election matter, it is my conviction that the public will not be uninterested in the proceedings of this court”, explaining that the importance of the matter would make the court not to grant the injunction and warned that, “once a matter is before a court any party cannot take a further step without the express permission of the court”.
Justice Oladimeji thereafter adjourned the motion on notice till Wednesday, August 1, 2018 for definite hearing, adding that no form of excuse from the litigants would be tolerated by the court.
