By Vivian Okejeme Abuja
Justice O. A Musa of a Federal Capital Territory High Court, has ordered the West African Examination Council, (WAEC) to produce the results of the candidate of the Peoples Democratic Party in the September 22 governorship election in Osun state, Senator Ademola Adeleke in the May/June 1981 examinations conducted by the Council.
The court had given WAEC five days to produce the said result.
This was sequel to an ex-parte application filed by two plaintiffs, Wahab Raheem and Adam Habeeb seeking Adeleke’s disqualification as the PDP’s candidate for the Osun State governorship election over alleged certificate forgery.
However, Justice Musa, refused grant an order praying it to restrain Adeleke from parading himself as the PDP candidate.
WAEC and Independent National Electoral Commission (INEC) were also mentioned as defendants in the matter.
The plaintiffs had, on September 4, through his counsel, B.J Akomolafe-Wilson filed their ex parte application dated September 3, seeking, among other prayers, an interim injunction against the senator’s candidacy in the forthcoming governorship election They also praying the court to compel INEC not to recognise Adeleke as the candidate of the PDP.
The trial judge, Justice O. A Musa ordered the examination body to produce in court the ledger containing results of Adeleke and his mates with whom he sat for the examinations.
He also ordered that WAEC should swear an affidavit either denying or confirming that Adeleke, an incumbent senator representing Osun West Senatorial District in the Senate, sat for the Council’s May/June 1981 examinations conducted by the Council at Ede Muslim High School in Ede, Osun State.
In addition, the court also ordered that WAEC should file the ledger and the verifying affidavits within five days of being served with the enrolled order.
However, it refused to grant an order restraining the INEC from recognising or giving effect to Adeleke’s nomination as PDP’s governorship candidate in the forthcoming poll slated to hold on September 22.
Justice Musa also refused to grant another prayer by the applicants requesting an order directing or mandating Adeleke to show cause on why the court should not disqualify him from contesting the Osun State governorship election.
According to the enrolled order, the court held that, “that leave is hereby granted to the applicants to serve the 1st respondent all originating and subsequent processes in this suit by substituted means, to wit by serving same on any officer or clerk at the office of the clerk of the Senate of the of the Federal Republic of Nigeria.
“That an order is hereby made directing and compelling the West African Examination Council of 21, Hussy Street, Tabs, Lagos, Nigeria through its Director General or any other designated officer of the Council to depose to an affidavit confirming or denying that the 1st defendant in this suit, name Adelle Ademola, Candidate Number :19645/149 sat for the Senior Secondary School Certificate Examination in May/June , 1981 conducted by the Council at Ede Muslim High School situate at P. O. Box 6, Yidi Road, Ede, State of Pain, and to file same before this Honorable Court within five working days of being served this order”.