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Pilot Law

Alleged Certificate Forgery: Court adjourns suit against Kwara Gov to June 26

 

An Ilorin High Court has fixed June 26, 2019 to hear a fresh motion
seeking to join in the suit challenging the authenticity of the West
African Examination Council (WAEC) certificate, which the Kwara State
Governor, Alhaji Abdulrahman Abdulrazaq, submitted to the Independent
National Electoral Commission (INEC) for election.
This came after Andrew Olawale Babalola, counsel to the new applicant,
Olasehinde Abiodun Olusola, appeared before the court presided over by
Justice Nike Akinpelu, at the resumed hearing of the case in Ilorin on
Monday.
However, in what could be likened to a mild drama, an attempt to draw
the attention of the court to a notice of withdrawal of the suit
challenging the authenticity of the WAEC certificate of Governor
Abdulrazaq was stalled as court said it was not aware of the
application of discontinuance of the case.
The claimant in the suit, Abraham Adekunle, through his counsel,
Oludele Lawrence Ola, had filed originating summons before the court
seeking the disqualification of Abdulrahman Abdulrazaq, the then
governorship candidate of the All Progressives Congress (APC) in the
state on the ground that he presented forged WAEC certificate for his
election.
The claimant also contended in the suit that the defendant was not
eligible to stand for election based on the claim in the suit filed
against him.
The case, which was adjourned for continuation of hearing yesterday,
took a new dimension when Andrew Olawale Babalola, counsel to the
fresh applicant, sought to be joined in the suit.
This is just as counsel to the defendant, Lawal Jimoh, informed the
court that the claimant, Abraham Adekunle, had filed a notice of
withdrawal from the suit, of which his counsel claimed ignorance.
Addressing Journalists shortly, the counsel to the defendant, Lawal
Jimoh, said he was stunned that the claimant lawyer denied knowledge
of notice of discontinuation filed in respect of the case.
He noted that the litigant reserved the right to withdraw from his
case without the consent of his lawyer.
“The claimant has filed a notice of withdrawal since 15th of May (this
year). By law, the case is technically dead on that day. The case was
supposed to come up on the 10th of June. It came up but the court did
not sit. Only in the evening around 5pm or so, we were now to be
served that somebody else said he wants to join.
“We were now wondering that the case, which is dead technically, how
can somebody said he wants to join. So, we tried to mention it to the
court today (Monday) that we have been served with notice of
withdrawal, which means that the case is technically dead, only for
the court to say they are not aware.”
Also speaking, counsel to the new applicant, Andrew Olawale Babalola,
said the motion seeking to be made co-claimant in the suit was filed
be for the court May 16 this year.
He stated that his client was awaiting the position of the court on
the adjourned date on the fresh motion to be joined in the case.

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