Alleged forgery: Court grants Adeleke N2m bail

OSUN State Peoples Democratic Party (PDP) candidate in last year’s governorship election, Senator Ademola Adeleke, was yesterday granted a N2 million bail. He was arraigned by the police before a Magistrate Court in Mpape, Abuja on a fresh five-count charge.

In the new charge, the senator is accused of making false claims in respect of his academic credentials and forging same.

He is also accused of submitting the said forged credentials to the Independent National Electoral Commission (INEC) when he contested senatorial election in 2017 and governorship in 2018 on the platform of the PDP.

A similar charge pending before the Federal High Court, Abuja, in which Adeleke is currently being tried with four others, was instituted by the police.

Adeleke pleaded not guilty when the charge was read to him, following which Magistrate Muhammed Suberu granted him bail at N2million with one surety, who must reside within the jurisdiction of the court.

The Magistrate also granted Adeleke permission to travel abroad to attend to his health as earlier granted by a Federal High Court in Abuja and a High Court of Osun State in Ikirun.

Adeleke’s lawyer, Adetosoye Adebiyi had, while making oral application for bail, tendered two orders made on May 3 and 6 this year by the Federal High Court, Abuja and Osun High Court, Ikirun, granting permission to the defendant to travel on health ground.

Adebiyi told the court that the orders equally restrained the police from preventing Adeleke from travelling to attend to his health.

He noted that by the orders, particularly the one of May 3, granted by Justice Inyang Ekwo of the Federal High Court, Abuja, Adeleke was to travel on May 7 (yesterday) and return on June 9.

Adebiyi said his client had booked his flight to the United States (U.S.) and was expected to board by 7pm yesterday.

He prayed the court to be bound by Section 287 of the Constitution in giving effect to the two orders by the High Courts.

On the contention by prosecution lawyer, Simon Lough, to the effect that the defence failed to provide material facts to support the defendants of ill-health, Adebiyi argued that the orders were sufficient proof.

He argued that the two High courts were convinced that Adeleke needed to attend to his health before granting him leave to travel and restraining the police from preventing him from engaging on the trip abroad.

Read also: PHOTOS: Senator Adeleke during his arraignment in Abuja

Lough, in a counter-argument, contended that, even though the decision to grant or deny bail to a defendant, was at the court’s discretion, such discretion is only exercised in favour of a defendant, who provided sufficient material facts.

The prosecution lawyer, who noted that the offences with which the defendant was charged are not ordinarily bailable, urged the court to reject the bail application in the absence of sufficient evidence, supporting the defendant’s claim of ill-health.

In an earlier ruling before the arraignment took place, Magistrate Suberu agreed with Lough that the orders allowing Adeleke to travel, did not restrain the police from arraigning him in court for any alleged offence.

The magistrate said it was the statutory responsibility of the police to prevent crimes and to prosecute anyone for alleged commission of a crime.

Overruling Adebiyi’s objection to Adeleke’s arraignment on the new charge before the court, Suberu held that Adebiyi’s application that proceedings in the fresh charge be differed indefinitely, pending the conclusion of a similar case before the Federal High Court, was misplaced.

He consequently ordered that Adeleke be arraigned on the new charge, marked: CR/26/2019, to which the senator later pleaded not guilty.

The charge reads:

• That you Senator Ademoia Nurudeen Adeleke male, 57 years, of No. 68 Ojularede Street, Ede, Osun State, on or about 15thJune, 2017 at High Court of justice of FCT Abuja in a declaration made by you in INEC form CF 001, before the commissioner for oath, made a false statement that you attended Ede Muslim Grammar School Ede and obtained WASC and attached as evidence, Ede Muslim Grammar School Testimonial dated 20th July, 1988 and‘ letter of attestation of Ede Muslim High School Ede dated 22/05/2016, which you knew or believed to be false touching on a point material to the object for which the declaration was made, to wit: seeking election  into Osun West Senatorial District under the platform of PDP in 2017, and which declaration was by law receivable as evidence and thereby committed an offence punishable under Section 164 of the Penal Code.
• That you, Senator Ademola Nurudeen Adeleke, male, 58 years, of No. 68 Ojularede Street Ede, Osun State, on or about 24th July, 2018 at High Court of justice of FCT Abuja in a declaration made by you in INEC Form CF 001, before the commissioner for oath, made a false statement that you attended Ede Muslim Grammar School Ede and obtained WASC and attached as evidence, Ede Muslim High School I  Ede Statement of Result dated 24/7/2018 and Ede Muslim Grammar School Testimonial dated 20th July, 1988, which you knew or believed to be false touching on a point material to the object for which the declaration was made to wit: Seeking election into the office of Governor, Osun State, under the platform of Peoples Democratic Party in 2018,and which declaration was by law receivable as evidence and thereby committed an offence punishable under Section 164 of the Penal Code.
• That you, Senator Ademola Nurudeen Adeleke, male, 58 years, of No. 68 Ojularede Street Ede, Osun State, on or about 22, May, 2016, forged Ede Mushm High Schoot I Letter of Attestation dated 22/05/2016 purported to have been signed by Mr. Abbas Khalid A., the Principal of Ede Muslim High School 1 and you submitted same to INEC headquarters Abuja as evidence of you having graduated from the school and in satisfaction of your ‘ requirement to seek election into Osun West Senatorial District under the platform of Peoples Democratic Patty in 2017, and you thereby committed an offence contrary to section 362 and punishable under section 364 of the Penal Code.
• That you, Senator Ademola Nurudeen Adeleke, male, 58 years, of No. 68 Ojumarede Street Ede, Osun State, on or about 24th July, 2018 forged Ede Mushm High School 1 Ede, Statement of Result dated 24/07/2018 purported to have been signed and issued to you by Mr. Abbas Khalid A, the Principal of Ede Muslim High School 1 and you submitted same to INEC headquarters Abuja as evidence of you having graduated from the school and in satisfaction of your requirement to seek election into the office of Governor, Osun State, under the platform of Peoples Democratic Party in 2018, and you thereby committed an offence contrary to section 362 and punishable under Section 364 of the Penal Code.
• That you, Senator Ademola Nurudeen Adeleke, male, 58 years of No. 68 Ojularede Street, Ede, Osun State, on or about 22nd May and 24th July, 2018 dishonestly used as genuine certain documents to wit:  Ede Muslim High School 1, letter of Attestation, dated 22/05/2016 and Ede Muslim High School 1 Ede, Statement of Result dated 24/07/2018 purported to have all been signed and issued to you by Mr. Abbas Khalid A., the Principal of Ede Muslim High School I, which you knew or had reason to believe to be forged documents and you summed same to INEC headquarters, Abuja and you hereby committed an offence punishable under Section 366 of the Penal Code.