The police on
Wednesday arraigned the Peoples Democratic Party’s governorship candidate in
the September 22, 2018 election in Osun State, Senator Ademola Adeleke, and
four others, on charges of examination malpractices.
The defendants
were arraigned before Justice I.E Ekwo of the Federal High Court in Abuja,
where they all pleaded not guilty to the four counts preferred against them.
The rest of the
defendants alongside whom Adeleke was arraigned were, Sikiru Adeleke; the
principal of Ojo-Aro Community Grammar School, Alhaji Aregbesola Muftau; the
registrar of the school, Gbadamosi Ojo; and a teacher in the school, Dare
Samuel Olutope.
The prosecution
accused the five defendants of committing the offence of examination
malpractices by fraudulently, through impersonation, registering Adeleke and
another Sikiru Adeleke, as students of Ojo-Aro Community Grammar School, in
Ojo-Aro in Osun State, for the National Examination Council’s June/July 2017
Senior School Certificate Examination in February 2017.
Shortly after
the defendants took their pleas, on Wednesday, three of them, including
Adeleke, who had filed their separate bail applications ahead of the
arraignment, were granted bail.
While Adeleke
was represented by Dr. Alex Izinyon (SAN), the second defendant was represented
by Mr. Nathaniel Oke (SAN) and the third defendant by Mr. Abdusalami
Abdulfatai.
The fourth and
the fifth defendants, who were represented by Mr. Isaac Adeniyi during the
previous proceedings of October 15, 2018, were not represented by any lawyer on
Wednesday.
The two of them
were remanded in prison due to the absence of their lawyer and failure to file
their bail applications ahead of the proceedings.
But the three
others, whose bail applications were not opposed by the prosecuting counsel,
Mr. Simon Lough, were granted bail by the court.
In a short
ruling, the judge noted that the three defendants were entitled to be granted
bail as they were presumed innocent and having been granted administrative bail
by the police without any complaint of them flouting the bail conditions.
Considering
Adeleke’s status as a serving senator, the judge granted bail to him based on
self-recognition but with a directive that he must enter into a bond to assure
the court that he would always be present in court for his trial.
The judge also
directed him to deposit his passport with the registrar of the court and must
not travel out of the country without the permission of the court.
The two others
were granted bail in the sum of N2m each with one surety each who must be a
“responsible” citizen and owner of landed property in Abuja.
They too are to
deposit their passports with the court’s registry and are not to travel out of
the country without the court’s permission.
The arraignment
was initially stalled on October 15 due to Adeleke’s absence from court,
although the rest of the defendants were present.
His lawyer,
Izinyon, reported to the judge that the serving senator could not be in court
because he fell sick.
Due to the
development, the judge adjourned till Wednesday and directed the prosecution to
ensure that Adeleke was in court for the arraignment.
On Wednesday,
Adeleke and other defendants attended court on their own.
Decked in a grey
coloured attire with a cap, Adeleke was already seated in the courtroom before
the judge commenced sitting at about 9.07am.
Following a
request from the prosecuting counsel, Lough, Justice Ekwo adjourned the matter
till December 17, 18 and 19 for the commencement of trial.
The judge
directed that the prosecution must ensure that its witnesses were available in
court on those dates.
In the first
count preferred against the defendants, the prosecution alleged that the five
defendants “conspired to commit felony, to wit: examination malpractices, and
thereby committed an offence contrary to section 10 of the Examination
Malpractices Act Cap E15 LFN 2004”.
In count two,
the prosecution alleged that the three members of staff of the school acted in
concert by aiding and abetting “the commission of examination malpractice by
personation” when they alleged “registered Senator Ademola Adeleke and Sikiru
Adeleke” while knowing or having “reasons to believe that they are not students of the school”.
The alleged
offence was said to be contrary to Section 9(1) of the Examination Malpractices
Act Cap E15 LFN 2004.
In count three,
the two Adelekes were accused of acting in concert, and “personated as students
of Ojo-Aro Community Grammar School, when you fraudulently registered as
students of the school in the June/July, 2017 NECO”.
The offence is
said to be contrary to Section 3(2) of the Examination Malpractices Act Cap E15
LFN 2004.
The fourth count
accused the three members of staff of the school of “acting in concert” and
while “saddled with the responsibilities of registering students of your school
in the June/July 2017 NECO examination, breached that duty by registering
Senator Ademola Adeleke and Sikiru Adeleke as students of your school in the
June/July 2017 NECO examination when you know or had reasons to believe that
they are not students of the school”.
The fourth count
was said to be contrary to Section 10(a) and punishable under Section 3(2) of
the Examination Malpractices Act Cap E15 LFN 2004.
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