An Osun State High Court sitting in Osogbo, the state capital, on Thursday ruled that Senator Ademola Adeleke be given the opportunity to present his certificates before the court on August 1, 2018
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Rasheed Olabayo and Oluwaseun Idowu had approached the court claiming that Senator Adeleke did not possess the certificates as required by Section 177 (d) of the 1999 constitution, demanding it sets aside the July 21, 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 Olabayo and 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 held: “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 has only seven days lifespan and that there are still windows left open till August 8, according to the affidavits sworn to by the applicants.
The presiding judge added: “Being an election matter, it is my conviction that the public will not be uninterested in the proceedings of this court.”
He said the importance of the matter would make the court not to grant the injunction, warning: “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 August 1, 2018 for definite hearing, adding that no form of excuse from the litigants would be tolerated by the court.
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