The Osun State High court sitting in Osogbo, has adjourned ruling on the suit challenging the candidacy of senator Ademola Adeleke till 6th of August 2018 for consideration of all pending applications.
Justice David Oladimeji who presided over the court on Wednesday okayed the adjournment in respect of an oral application of Barrister Olufemi Ayandokun, the counsel to the plaintiffs; Rasheed Olabayo and Oluwaseun Idowu.
Justice Oladimeji had earlier adjourned the case to give room for balance and equity, which he said was necessary for the consideration of an ex-parte application and interlocutory injunction that the court was prayed to grant against Ademola Adeleke’s candidacy.
Rasheed Olabayo and Oluwaseun Idowu in their prayers told the court to set aside the election that produced Ademola as the flag bearer of the Peoples Democratic Party in the state and stop the Independent National Electoral Commission from recognising Ademola Adeleke governorship candidate of the PDP contending that Adeleke is ineligible to participate in the primary election of the PDP because he doesn’t possess and provide the minimum certificate as required by Section 177 (d) of the 1999 constitution.
The court had slated the case for definite hearing today (Wednesday) but barrister Olufemi, counsel to the plaintiffs, informed the court that he got instruction to the amicable and out of court settlement of the case.
He sued for adjournment of the case adding that INEC which is a major party to the suit has not been served the notice of the motion before the court and that he was on Tuesday evening served a preliminary objection which he was yet to react to by Adeleke’s counsel.
Biriomini confirmed to have filed a preliminary objection to the suit on Tuesday evening at about 5 pm and after brief arguments consented to the request for the adjournment.
The presiding judge who at the last sitting noted that “it will be inequitable not to allow the respondent to come and show his certificate if he has any but if he is given the opportunity to present his own side of the case, the balance which is necessary for the interlocutory injunction will be adequately considered,” adjourned the case based on shared submission of the lawyers.
“For the singular reason that you just filed preliminary objection yesterday, I will consider the adjournment. It will be unwise for the court to go ahead with the ruling,” justice Oladimeji declared and encouraged the parties to the suit to explore settlement if they wish.