The Court of Appeal in Abuja on Thursday, May 30, cancelled the judgment of the High Court of the Federal Capital Territory (FCT) given by Justice Othman Musa, which voided Adeleke’s candidacy for Osun election.
In a unanimous judgment by a three-man panel on Thursday, the Court of Appeal held that the FCT High Court was wrong to have concluded that Adeleke did not complete secondary education and that he represented false academic certificate, The Nation reports.
The verdict, given by the presiding judge, Justice Emmanuel Agim, faulted the trial court for taking jurisdiction over the case filed by Wahab Raheem and Adam Habeeb outside the two weeks prescribed for pre-election cases by the Nigerian constitution.
Justice Agim, maintained that the case was statute barred, and that the plaintiffs contravened Section 285 of the constitution in the filing of the case
The judgement also faulted the trial judge for failing to deliver judgment within 80 days and awarded N3 million in favour of Adeleke, to be paid by the plaintiffs.
It was earlier reported that the Appeal Court sitting in Abuja had ruled in favour of Osun state governor, Gboyega Oyetola, in the Osun 2018 governorship election case.
The election tribunal judgment had earlier ruled in favour of Adeleke, declaring him winner. Oyetola, his party, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) had filed substantive appeals, seeking the setting aside of the decision of the tribunal.