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An Osun State High Court sitting in Osogbo has refused to grant the application seeking an order restraining the Peoples Democratic Party (PDP) from forwarding the name of Senator Ademola Adeleke as the party’s candidate to the Independent National Electoral Commission (INEC).
Justice David Oladimeji, in his ruling on Thursday, also refused to grant the order restraining INEC from recognising Senator Adeleke as the candidate of the party on the ground that he was not educationally qualified to contest the September 22 governorship election in Osun.
The judge held that considering the ex-parte application which was not served on the respondent, it would be improper and unjust for the court to make such order without listening to the other side.
The application was filed by two concerned members of the PDP, Mr Rasheed Olabayo and Mr Oluwaseun Idowu.
Justice Oladimeji, however, 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, should the lawmaker present the certificate thereafter.
He said, “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 a side of the case, the balance which is necessary for an interlocutory injunction would be adequately considered.”
The judge noted that the ex-parte injunction has only seven days lifespan and that the window was still open till August 1, according to the affidavits sworn to by the applicants.
He consequently ordered that the respondent be put on notice and adjourned the hearing of the case till Wednesday next week.
“Being an election matter, it is my conviction that the public will not be uninterested in the proceedings of this court”, Justice Oladimeji added.
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Court Refuses To Set Aside Osun PDP Primary Election
