Adeleke: Court adjourns hearing on all pending applications to August 6

AN Osun State High Court, sitting in Osogbo, on Wednesday adjourned all pending applications to August 6 in the suit filed by Olatunji Rasheed Olabayo and Oluwasegun Idowu Thomas on motion ex-parte, seeking an interim injunction to set aside the governorship primaries of the Peoples Democratic Party (PDP), won by Senator Ademola Adeleke.

Joined in the suit no with reference no HOS/19/03/2018 as defendants are Nurudeen Jackson Ademola Adeleke as the (1st), the Peoples Democratic Party (PDP) (2nd), Chief Uche Secondus (3rd ), Soji Adagunodo (4th) and the Independent National Electoral Commission (INEC as the 5th defendant.

The plaintiffs had approached the court with a sworn affidavit, arguing that Senator Adeleke did not possess a certificate as required by Section 177 (d) of the 1999 constitution and urged them to set aside the July 21st, 2018 primary election which produced him as the governorship candidate of the Peoples Democratic Party in the state.

But, when the matter came up on Wednesday, the presiding judge, Justice David Oladimeji said: “with the agreement of all counsel, this matter is adjourned to 6th of August for hearing of all pending applications.”

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Earlier, the counsel to the plaintiff, Barrister Olufemi Ayandokun hinted that he had received instruction from his clients on the possible out of court settlement of the matter, saying “I got instruction from my clients late yesterday that for the love of the party and cohesion, they want to explore amicable resolution of this matter.”

He, however, lamented that attempt to serve the 5th defendant (INEC) had been difficult, pointing out that “it is basic that we cannot out something on nothing. One major stand on which court proceedings rest is that necessary parties in court matter must be served. We have attempted to serve the 5th respondent. We have an affidavit of service before the court.”

In his submission, counsel to the 1st, 2nd and 3rd defendants, Barrister Edmund Biri-Omoni said he was informed by counsel to the plaintiffs about the development, but explained that “the plaintiffs did not approach the defendants about the settlement out of court. In as much as my Lord is disposed to it, there is no problem”.

According to him, “the issue of out of court settlement should be limited to substantive matter and not the interlocutory injunction. The 5th defendant has not been served,” adding that the issue of interlocutory injunction cannot remain pending.

But, Justice Oladimeji held that the preliminary objection ought to be heard and the interlocutory injunction should be responded to. He thereafter adjourned the hearing on all pending applications to August 6, 2018.