The Abuja division of the Court of Appeal has fixed May 8 to hear the appeal lodged by Senator Ademola Adeleke challenging the nullification of his nomination as a candidate of the People’s Democratic Party (PDP), in the September 2018 governorship election in Osun State.
The adjournment was necessitated by the absence of the Independent National Electoral Commission (INEC), a party in the appeal in court.
Meantime, the appellate court has ordered that hearing notices relating to the appeal be served on all the parties in the matter.
Justice Abubakar Yahaya who led a three- member panel of the court said the separate appeal filed by the PDP would be heard together with the main appeal brought before the court by Osun State governorship candidate of the PDP in the last governorship election held in the state on the next adjourned date.
Justice Oathman Musa of a High Court of the Federal Capital Territory, sitting in Bwari, had last month in a judgment, nullified Adeleke’s nomination as the candidate of the PDP in the September 2018 governorship election in Osun State, on the grounds that he (Adeleke) offended Section 177 of the 1999 constitution as amended.
The section stipulated that candidates for the position of governor must be educated up to secondary school level.
Adeleke, who represents Osun West senatorial district at the National Assembly faulted the judgment of Justice Musa on the grounds that the judge erred in law by going out of his way to source for evidence to arrive at his “unjust conclusion.”
He submitted that the court erred particularly when it ignored WAEC’s evidence that Adeleke was educated up to secondary school level as required by law.
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