The police in Abuja have charged Senator Ademola Adeleke with certificate forgery following his arrest on Monday.
He was charged on Tuesday morning at an Abuja magistrates court but he is challenging his arraignment.
Adeleke is also the governorship candidate of the Peoples Democratic Party (PDP) in Osun State, in the election held last September.
An election tribunal validated his election in a split ruling in March while an Appeal court will shortly pronounce its verdict on who was the real winner between him and Governor Gboyega Oyetola, who contested on the platform of the All Progressives Congress (APC).
Counsel to the police says he is ready to proceed with the case but Adeleke’, Chris Adebiyi, is objecting the arraignment.
He said a Federal High Court in Osun State has granted an order restraining the police from arresting the lawmaker and that the court also gave him leave to travel to the US on the account of ill health.
He said the order of the Federal High Court asked the defendant to answer to their invitation but the court ordered that the first defendant return his passport to the court three days after his return.
Adebiyi explained that the court ordered that the police will not arrest Senator Adeleke upon honouring the police invitation.
He said a High Court in Osun State also affirmed and upheld the order.
“We are not saying he cannot be arraigned but the order of the court has to be respected”.
Adebiyi concluded that based on the order it will be impracticable to continue with the arraignment.
But the prosecutor said he is not objecting to the tendering of the documents rather he was not served.
He submitted that the objection is highly misplaced and misconceived noting that the court did not say the Senator cannot be arraigned but only directed him to appear before the police.
He added that they have filed an appeal and motion for a stay against the order.
Adebiyi, in his response, said the motion filed by the police is a mere paper because there is no order of the court.
He added that the order of the Osun high Court has not been objected to by anybody.