An Osun High Court in Osogbo on Monday dismissed a fresh suit challenging Senator Ademola Adeleke as the Peoples’ Democratic Party’s candidate for the September 22 gubernatorial election in the state.
The Presiding Judge, Justice David Oladimeji, dismissed the suit because the plaintiffs withdrew the case against Adeleke.
The News Agency of Nigeria reports that the plaintiffs, Oyetunji Suredi and Olagboye Adedamola, had on Aug. 20 approached the court, challenging the candidacy of Adeleke as the PDP candidate.
In the fresh suit, the plaintiffs sought an interlocutory injunction restraining Adeleke from parading himself as the candidate of the Osun PDP over alleged forged school certificate.
However, at the resumed hearing on Monday, counsel to the plaintiff, Abdulramon Okunade, told the court that his clients had reached an agreement to withdraw the suit and asked for an adjournment.
But the defense counsel, Nathaniel Oke, opposed the adjournment, saying that the case should be dismissed since the applicants had resolved to withdraw the matter.
The court thereafter dismissed the suit and awarded N50,000 cost against the plaintiffs.
NAN recalls that Oladimeji had earlier dismissed a similar case against Adeleke, stating that the constitution does not require the defendant to pass his secondary school examination to contest elective position.
Although, the judge in his August 8 judgment held that the documents presented by Adeleke contained damaging errors, he noted that it could be addressed separately since the plaintiffs did not include it in their prayers.
Adeleke had won the primary after he garnered 1,569 votes to beat his closest rival, Ogunbiyi, who polled 1,562.