Court dismisses PDP certificate forgery suit against Kwara governor

Date: 2023-01-13

A Federal High Court in Abuja on Thursday dismissed a Certificate Forgery suit instituted against the Kwara State Governor, Abdulrahman Abdulrasaq, by the opposition party, the Peoples Democratic Party (PDP), for want of merit and jurisdiction.

Justice Inyang Edem Ekwo, while dismissing the suit, held that PDP's case was baseless, unwarranted and constituted a gross abuse of the court.

The PDP had sued the Independent National Electoral Commission INEC, Abdulrahman Abdulrasaq and the All Progressives Congress APC as the 1st to 3rd defendants, respectively.

In the suit marked FHC/ABJ/CS/1324/2022, PDP had prayed that the Governor and APC be disqualified from the 2023 governorship election on the allegation of presentation of a forged West African Examination Council WAEC certificate to secure a nomination.

The party also prayed for an order of the Court to compel INEC to delist the name of the governor and the APC from those cleared for the general elections.

However, in his judgment, Justice Ekwo upheld the preliminary objection to the suit filed on the Governor's behalf by a Senior Advocate of Nigeria (SAN), Prince Lateef Olasunkanmi Fagbemi.

The Judge agreed with Fagbemi that the purported certificate forgery and perjury had been raised in another suit in 2019 by PDP's former governorship candidate, Rasaki Atunwa, adjudicated upon and dismissed by Justice Bassey Effiong Ikpeme for being worthless and unmeritorious.

Justice Ekwo held that the PDP lacked the requisite locus standi to challenge the primary election that produced Abdulrasaq as the governorship candidate of the All Progressives Congress (APC) because he was not an aspirant in the primary election.

The Judge further agreed with Fagbemi that PDP was a busybody and meddlesome interloper because it has no right whatsoever to dabble in the internal affairs of the APC.

According to the Judge, PDP'S suit disclosed no reasonable cause of action because the alleged certificate forgery had been looked into and dismissed as far back as 2019.

Besides, Justice Ekwo held that the suit has no life to sustain it or legs to stand upon having been instituted outside the period required by law.

“Once a court is satisfied with the proceedings before it that they amount to an abuse of process, the court has the right, in fact, duty to invoke its coercive powers to punish the party which is in abuse of its process.

“Such power is often exercisable by a dismissal of the action which constituted the abuse. I, therefore, make an order dismissing this case for being an abuse of process of court”, the Judge held.

PDP's fresh suit was filed on its behalf by a Senior Advocate of Nigeria SAN, Chief Paul Erokoro.

The court was asked to invoke sections 171 and 285 of the 1999 Constitution as well as section 29 of the Electoral Act to quash the planned participation of the governor in the forthcoming election.

The party's main grouse was that the WAEC certificate submitted by the Governor through the APC to INEC and his educational qualifications as provided in section 177 of the 1999 Constitution are forged and did not belong to him.

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Shehu Salau     Nigeria Association Of Women Journalists     Vishvas KOZ Tractors     Alaro     Dan Iya Of Ilorin     Abiodun Jacob Ajiboye     Arinola Lawal     Segun Ogunsola     Aishatu Ahmed Gobir     N-Power     Afolayan     Amuda Bembe     Vasolar     Raliat Islamic Foundation     Computer Based Test     SSUCOEN     Congress For National Consensus     Ayinde Oyepitan     Ilorin Water Reticulation     EFCC     Memunat Monsuma     Harrison Osauwagboe     Yakub Lai Gobir     Towobola Abdulrahman Toyin     Abdullahi G. Mohammad     Bamikole Omishore     Kassim Babamale     Neuropsychiatric Hospital     Mumini Ishola Hanafi     HICA     Law School Scholarship     Razaq Ayobami Akanbi     NSCIA     Kwara State Council Of Chiefs     James Kolo     Trader Moni     Yomi Adeboye     Colleges Of Education Academic Staff Union     AbdulRazaq AbduMajeed Alaro     Ahmed Bayero     Hausa     Opobiyi     Kwara State Health Insurance Agency     Abdulmumini Sanni Jawondo     Ekweremadu     Toyosi Thomas     CT Ayeni     Ohoro Of Shao     Abdulwahab Ololele     MINILS     Jawondo     Nigerian Medical Association     A.O. Belgore     Sheikh Ridhwanullah     Olabode Towoju     Forgo Battery Company Limited     Omoniyi     Suleiman Rotimi Iliasu     Salau Kabiru Abdullahi     Yunus Oniboki     Kola Ologbondiyan     Modibo Kawu     Iliasu     Olatunji Ayeni     Jimoh Bashir     Babatunde Idiagbon     CACOVID Palliatives     Maimunat Oloriegbe     Yunus Lawal     Modupe Oluwole     Sheikh Alimi     Kwara University Of Education     Michael Nzwekwe     Olayinka Jelili Yusuf     New Naira Notes     Okin Biscuits     Oye Tinuoye    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Kola Bukoye     Mohammed Halidu     Ladi Hassan     Clara Nwachukwu     Shuaib Boni Aliyu     Bashir Badawi     Abraham Ojo     Egbejila     Adeleke Ogungbe     Mutawali Of Ilorin     Abdulkadri Ahmad Alaiye     Babatunde Ishola Babaita     Bashir Adigun     Lai Gobir     Congress For National Consensus     Bilikis Oladimeji     Demola Banu     Salman Alada     Universal Basic Education Commission     Madawaki     Adisa Logun     Igbomina     Galland Marcias     Medview Airlines     Sa\'adatu Modibbo-Kawu     Ayinde Oki     Oba David Oyerinola Adedunmoye     Esuwoye     Ilorin International Airport     Oke-Ero     Kwarareports     Jimba Babatunde     IPSAS     Ishola Abdullahi     TETFUND     Ijakadi     Fatima Abolore Jimoh     Special Adviser On Digital Innovation     Kayode Laro     Chief Of Staff     Saad Omo\'ya     Yoonus Lawal     Monkey Pox     Oke-opin     Ayoade Akinnibosun     Abdulrauf Aliyu     Yashikira     KFA     Abdulrazak Shehu Akorede     Taiwo Joseph     Muslim Cementary     Just Law Forum     University Road     Haashim Initiative For Community Advancement     Roseline Oni Aremu     Ilesha-Baruba-Gwanara     Ilesha-Gwanara     TESCOM 2025     Gamji Members Association     Onilupeju Of Ilupeju     Galadima     AbdulHakeem Ajibola Akanbi     Yakub Ali-Agan     Joseph Offorjama     Eghe Igbinehin     Rueben Parejo     Yusuf Ibitokun Sherifat     Olatunde Jare     Ibrahim Mashood     Ilorin Talaka Parapo (ITP)     Zubair Folorunsho Erubu     UTME     Abdulrasheed Lafia     Ola Falade     Abdul-Rasheed Na\'Allah     Shagari     Jelili Yusuf