Exam Malpractices: Adeleke Arraigned, Secures Bail On Self Recognizance

* Trial begins Dec.17

Peoples Democratic Party (PDP) candidate in the recent Osun
State governorship election, Senator Ademola Adeleke, was arraigned
on Wednesday and granted bail on personal recognizance by the Abuja
division of the Federal High Court.

Senator Adeleke, his brother, Sikiru Adeleke, and three others
were arraigned on a four count charge of examination
malpractice.

The others are: Alhaji Aregbesola Mufutau (Principal, Ojo-Aro
Community Grammar School, Ojo-Aro Osun State), Gbadamosi Thomas Ojo
(school registrar) and Dare Samuel Olutope (a teacher).

Upon their arraignment Wednesday by the Federal Government, the
defendants pleaded not guilty to the charges against them.

Counsel to Senator Adeleke, Chief Alex Izinyon SAN, informed the
court of a bail application dated and filed on October 12.

He informed the court that Senator Adeleke was currently
enjoying administrative bail granted him by the police and had not
jump bail, adding that Adeleke is a serving Senator and would
always appear in court for his trial if released on bail.

Similarly, counsel to the second and third defendants, Nathaniel
Oke SAN and Abdulsalam Abdulfatah, respectively, moved the bail
applications for their clients, while the court declined attempt by
Oke to move an oral application for the 4th and 5th defendants.

However, prosecution counsel, Simon Laugh, did not oppose the
bail applications.

In a short ruling, trial judge, Justice I. E. Ekwo, who noted
that bail was at the discretion of the court, granted the
applications as prayed adding that the prosecution while not
opposing the motion admitted that the defendants were all on
administrative bail.

Consequently, the judge announced bail for Adeleke on
self-recognizance while the 2nd and 3rd defendants were granted
bail in the sum of N2m each.

Senator Adeleke, as part of his bail conditions, shall sign an
undertaken to always attend trial and shall not travel out of the
country without the permission of the court.

The second and third defendants on their part are to provide a
surety each in the sum of N2m. The sureties in addition shall be
owners of landed property in Abuja, which shall be verified by the
registrar of the court.

They are also to submit their international passports to the
court and can only travel out of the country upon obtaining
permission from the court.

However, Justice Ekwo ordered the remand in prison custody of
the 4th and 5th defendants, Gbadamosi Ojo (school registrar) and
Dare Olutope (a teacher) since they did not apply for bail.

He subsequently adjourned till December 17, 18 and 19 for
trial.

In the charge marked: FHC/ABJ/CR/156/2018, the defendants are
accused of fraudulently, through personation, registering as
students of Ojo-Aro Community Grammar School, Ojo-Aro Osun State to
enable them sit for the National Examination Council (NECO)
examination of June/July 2017.

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 2, 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.