Eligibility: Come, let us reason together By Ibrahim Sarafa

On Friday, the plot to distract and frustrate Senator Ademola Adeleke pursuit of justice for the people of Osun state took a petty and disgusting turn. Some unknown constituents had filed a suit to contest his current status as Senator, relying on a shocking ruling of a Bwari Court, which disputed the authenticity of his academic credentials.

But the intention of the fresh suit is well obvious. It bore the same imprint of legal hurdles thrown on the path of the Ede-born politician vigorous push to halt the tide of hopelessness that pervades Osun in recent years.

Like many other Osun people, I’ve struggled to understand what he did wrong but I could not be convinced there was any. His antagonists have not been able to show any either other than twisting narratives or sheer blackmails to smear his public image.

Initially, they went for his personality and painted his hobby (dancing) as weakness for leadership. But Osun people are smart enough to compare his performance as a senator and easily punctured the lies of Adeleke’s traducers. Osun people were vehement in accepting his choice that encapsulates joy and happiness rather than prolonging the same system that have worsened their situations in the last eight years.

But the enemy of the people would not stop. They came up with another scheme to hold on to power through the backdoor after resounding rejection from the people. They moved from one court to the other to ridiculously take what they failed to get through the ballot, throwing up the narrative that Senator Adeleke isn’t eligible.

Isn’t that funny? For the avoidance of doubts, the Constitution, which is the most powerful legal document of the country was very clear on what makes a candidate eligible for elective positions, including that of the governor. Except for desperation for power and manipulative mindset, it’s without basis for anyone to throw eligibility question against Senator Adeleke.

For a gubernatorial candidate, Section 318(1) provides: “School Certificate or its equivalent” means– (a) a Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or (b) education up to Secondary School Certificate level; or (c) Primary Six School Leaving Certificate or its equivalent and- (1) service in the public or private sector in the Federation in any capacity acceptable to the Independent National Electoral Commission for a minimum of ten years, and (11) attendance at courses and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totalling up to a minimum of one year, and (111) the ability to read, write, understand and communicate in the English language to the satisfaction of the Independent National Electoral Commission; and (d) any other qualification acceptable by the Independent National Electoral Commission;”

That is the position of the law and it remain to be seen how the proponents of the eligibility question are failing to accept this fact. At the last count, three courts, including an Appeal Court have affirmed the eligibility of Senator Adeleke to the top seat in Osun state.

But the consolation for the manipulator seem to have come from a controversial ruling of a Bwari Court, which towed the line of the usurper to rule that Senator Adeleke isn’t eligible to contest for governor. Hues of miscarriage of justice trailed the judgement as many expressed suspicion on why the judge went outside the document tendered before him to arrive at a verdict.

Before the Bwari Court judgement, two separate courts had adjudicated on the matter and affirmed the eligibility of Senator Adeleke. However, Justice Othman Musa decided otherwise, disputing pronouncements made by courts of coordinate jurisdiction by ruling that Senator Adeleke result was “fake”.

The conclusion of the Bwari Court agitates many answers on the minds of Nigerians, especially Osun people. How was the learned judge able to arrive at that finding after West African Examination Council (WAEC) and Principal of Ede Muslim High School tendered documents to confirm that the credentials included in his form with the Independent National Electoral Commission (INEC) were genuine.

In an affidavit deposed to by Mr. Osindeinde Henry Sunday Adewumi, the Deputy Registrar/Head of School Examination on 11th of September, 2018, WAEC attested to Senator Adeleke’s result. The Council had responded to a subpoena from the Bwari Court and had in paragraph (3i) of the affidavit noted that “The said Candidate named in the suit known as Ademola Adeleke with Centre Number 19645 and Candidate Number 149 indeed 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 Osun.”

Similarly, the Principal of Ede Muslim High School, Mr. Khalid Adejare Abass deposed to an affidavit at High Court of Justice, Federal Capital Territory Abuja, that the TESTIMONIAL and STATEMENT of RESULT tendered and submitted to INEC by SENATOR ADEMOLA ADELEKE were issued by the authority of Ede Muslim High School-1, Ede. He went a step further in paragraph 3, 4, and 5 that “I know as a fact that the Candidate named in this suit known as Ademola Adeleke with centre 19645 and candidate number 149 indeed sat for the West Africa School Certificate Examination (WASC) in MAY/JUNE 1981 conducted by West African Examination Council;
“That copy of Result Listing (Ledger) containing the result of all the Candidates (001-221) who sat for the Secondary School Certificate Examination at Ede Muslim Grammar School;
“That the register of admission, which included progress and withdrawal of Ede Muslim Grammar School, PO Box 6, Yidi Road, Ede, Osun State within 1976-1981.”

It, however, remained a misery how anyone will conclude that Senator Adeleke credentials are “forged” when the concerned authorities have come out publicly to affirm the authenticity of the documents. On the conclusion by Justice Othman that the inadequacy in the date on the testimonial rendered it “forged” and enough basis to disqualify Senator Adeleke, this was long resolved by the Court of Appeal that a person cannot be held liable for any inadequacy on a document he didn’t manufacture.

Justice Morenike Ogunwumiju, in a lead judgement of a five-member panel of the Appealate Court, had described as “raped democracy” the ruling of a lower court judge, Okon Abang, which sacked Abia state governor, Okezie Ikpeazu, erroneously based on the inadequacy of tax receipt which he cannot be blamed for. While setting aside the lower court judgement, the Appeal Court held that “The inadequacies of the tax receipt cannot be visited on Ikpeazu who scored the highest votes in the 2015 governorship elections as doing so will amount to rape of democracy.”

Just like Ikpeazu few years back, Senator Adeleke is facing similar treatment when it was clear that neither WAEC nor his school, Ede Muslim Grammar (now High) School have denied knowledge of the documents or issuance. So, if those with the authority and custody of records assert that a candidate was their student and took the school leaving certificate, what more will satisfy the authenticity of one’s academic credentials?

Sarafa Ibrahim is a freelance journalist and writes from Osun state.

DISCLAIMER: The opinions expressed in this article are solely those of the author.