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.

Wahab Olasupo Egbewole     Sunday Popo-Ola     Dauda Adesola     Salman Alada     Joseph Daudu     Offa Grammer School     Peter Obi     Ibrahim Abdulqadir Abikan     Oba-Solagberu     Mamman Saba Jibril     Maryam Nurudeen     Abubakar Suleiman     Toyin Olayinka Tejidini     Waziri Yakubu Gobir     Idris Garba     Saliu Shola Taofeek     Abdulrasheed Lafia     Edu     Kwara Metro Park     Amos Bajeh     Tanke Road     Usman Alkali Baba     Simeon Sayomi     Sola Saraki University     Fatai Adeniyi Garba     Ilorin Central Mosque     Kwara Poly     Baboko Primary School     Okoolowo     Local Government Pension Board     Chief Imam Of Omu-Aran     Olupako Of Share     NIRSAL     Akorede     School Of Nursing     Ibrahim Mashood     Muhammadu Buhari     Zubair Folorunsho Erubu     Ahmed Ayinla Jimoh     Arca Santa     Asa LGEA School     Garba Idris Ajia     Bola Olukoju     Ahmad Fatima Bisola     Salihu Jibril Garbi     Saadu Yusuf     Aisha Buhari     Ahman Patigi     Olaiya Zuberu     Maigidasanma     2023 Elections     Tafidan Kaiama     Lanre Jimoh     UNIFEMGA     Hameed Oladipupo Ali     Moses Rahman Popoola     Maimunat Oniyangi     AbdulHakeem Ajibola Akanbi     07039448763     Ilorin Airport     Alanamu     Sa\'adatu Modibbo-Kawu     Chartered Institute Of Personnel Management Of Nigeria     Alabi Olayemi Abdulrazak     Iponrin     Ita-Ore     Mohammed Halidu     Abdul Jimoh Mohammed     Erubu     08001000100     Kuliyan Geri     Public Holiday     Amule     Salihu S. Yaru     Christopher Ayeni     Hassan Abdulazeez Elewu     Sanusi Abubakar    

Cloud Tag: What's trending

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

Apaokagi     Clara Nwachukwu     Tayo Awodiji     Tunji Ajanaku     Saadatu Modibbo-Kawu     Ijakadi     Aasiyat Bello Oyedepo     Dankaka     Isaac Aderemi Kolawole     Fola Consultant     Omoniyi Ayinla     Balogun Ajikobi     TVC Female National Debate     Frootify     Sun Qing Rong     Kwara State Fire Service     Kuliyan Geri     Yinka Aluko     Centre For Digital Economy     Mohammed Abdulahi     Radio SBS     Jani Ibrahim     Yakubu Mohammed Abdullahi     Olayinka Oladapo Jogunola     Yusuf Aiyedun     Oluwole Dupe     Yoonus Kola Olatinwo     Abdulazeez Arowona     Yusuf Lanre Badmus     Yusuf Amuda Gobir     Olofa Of Offa     Danhawa     Kwara Metro Park     MINILS     Belgore     Olatunde Jare     General Hospital, Offa     Matthew Okedare     Special Agro-Industrial Hub     Tunde Saad     Suwa-Arabs     Presidential Election     Raji AbdulRasaq     Kwara     Idofin     NYSC     Prince Bola Ajibola     Labour Party     Elewu     Igbaja     Yomi Ogunsola     Abdullateef Abdussalam     IHS     Prince Mahe Abdulkadir     Special Adviser On Digital Innovation     Kwara State Government     School Of Nursing     Yusuf Lanre Badmas     Babajide Ajayi     Ballah     Kwarareports.com     Sardauna     Plat Technologies Limited     HICA     Isau     Ayoade Akinnibosun     Balikis Jawondo     Kolawole Akande     Dele Momodu     New Nigeria People’s Party     Sabo-Oke     Oba Mogaji Abdulkadir     Lawan     Abdulmumini Sanni Jawondo     Yunus Oniboki     Sulyman Abdulkareem     KWSIEC