Three members of the Peoples Democratic Party in Osun state have dragged the party and its governorship candidate in the September 22 governorship election , Senator Ademola Adeleke, to court for allegedly contesting PDP governorship primary election with a fake certificate .
The plaintiffs sought Adeleke’ s disqualification from the September 22 governorship election for allegedly submitting fake certificates to secure clearance for the PDP primary .
It would be recalled that two PDP members , Rasheed Olabayo and Idowu Oluwaseun , before the governorship election , dragged Senator Adeleke before Justice David Oladimeji of an Osogbo High Court seeking his disqualification from the governorship election , because the federal lawmaker did not have minimum educational requirement to contest for the office of governor.
Justice Oladimeji , in his judgement , relying on the Supreme Court judgment on a similar case between Terver Kakih v . PDP, 2014 and Sections 318 (d) and 177 ( d) , said the PDP candidate was qualified to contest the September 22 governorship election .
However , joined in the fresh suit instituted by Awoosiyan Olalekan , Ojejade Thomas and Awodire Sina , filed before Federal High Court , Osogbo , are Independent National Electoral Commission and the Peoples Democratic Party .
The plaintiffs , in an originating summon dated October 30th , 2018 , filed before a Federal High court in Osogbo , through their counsel , Gboyega Oyewole , SAN, copy of which was obtained by our correspondent , said that the participation of Adeleke at , and his return as the winner of the governorship primary conducted by the PDP on the 21st of July , 2018 for the purpose of him being the candidate of the party and his subsequent participation in the governorship election of the 22nd of September , 2018 as the party ’ s candidate, was null and void because he presented false information to the electoral commission .
They also told the court that all votes allocated to the Adeleke at , and his return as the winner of the primary election , which led to his nomination and the subsequent participation of Adeleke in the governorship election as the PDP candidate should be voided on account of ineligibility , false information and submission of false documents .
They urged the the court to determine whether Adeleke should not have been disqualified from flying the flag of PDP on account of ineligibility , false information and submission of false documents he allegedly presented to INEC .
Other prayers of the plaintiffs are: “ An order of court directing the 3 rd Defendant (INEC ) to strike out and/ or delete the name of the 1 st Defendant ( Adeleke) as the candidate presented to the 3 rd Defendant having not met the constitutional requirement for his qualification and eligibility to contest or participate as a Governorship candidate in the Osun State Governorship Election held on the 22 nd of September , 2018. ”
“ An order of perpetual injunction restraining the 1 st Defendant (Adeleke) from parading himself or holding himself out in any manner or guise whatsoever as the nominated governorship candidate of the 2 nd Defendant for the Osun State Governorship Election held on the 22nd of September , 2018 . ”
” An order of perpetual injunction restraining the 3 rd Defendant ( INEC ) from dealing with or continuing to deal with or otherwise recognize the 1 st Defendant as the validly nominated candidate of the 2 nd Defendant (PDP ) for the Osun State Governorship Election , 2018. ”
“ An order replacing the name of the 1 st Defendant (Adeleke) with the name of Dr . Akin Ogunbiyi , the 1 st runner up at the said primary election conducted by the 2 nd Defendant on the 21st of July , 2018 , as the winner of the said primary election and thereby the candidate of the 2 nd Defendant for the purpose of the Osun State Governorship election held on the 22 nd of September , 2018 in compliance with the Constitution of the 2 nd Defendant (PDP )) and its electoral guideline . ”
“ An order declaring the 1 st runner up , Dr . Akin Ogunbiyi at the said primary election conducted by the 2 nd Defendant (PDP) on the 21st of July , 2018, as the winner of the said primary election , thereby the candidate of the 2 nd Defendant (PDP ) for the purpose of the Osun State Governorship election held on the 22 nd of September , 2018 having won the highest of lawful votes cast by delegates at the said primary election and in compliance with the Constitution of the 2 nd Defendant and its electoral guideline . ”
The respondents have twenty -one days to respond to the reliefs sought by the plaintiffs .
When contacted for reaction , head of legal , Adeleke Campaign Organisation , Chief Niyi Owolade said his client has been served .
“ Those behind the case are being used and it is a challenge for the party . How can serious party members be talking about that now that we are going to tribunal ?
“ We don’ t have any issue. All we are concerned about now is our petition before the tribunal . We consider this fresh matter as part of plot to distract us , ” Owolade concluded.
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