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.

Doyin Agbamu     Shaykh Luqman Jimoh     Sayomi     Olabanji Orilonishe     Shururat Olatinwo     Olayinka Oladapo Jogunola     Dunmade     Ayinke Saka     Sheikh Hamzat Yusuf Ariyibi     Mohammed Halidu     Tunde Kazeem     Saidu Kawu     Riskat Opakunle     Laboratory-to-Product     Yomi Adeboye     Mahmud Babatunde Baker     Jimoh Akani     Muyideen Ajani Bello     Abdulkarim Adisa     Sidikat Uthman Ajibola     Albert Ogunsola     Elections     Eleja     Sarakite     Saad Omo Iya     Baboko     JAMB     Abdulrasheed Lafia     Hikmah AbdulKareem     Oniwasi Agbaye     Third Estate     Read With Me     Farouk Salim     The Herald     Umaru Saro     Seun Bolaji     Funmilayo Zubair     Ilorin Talaka Parapo     KWATMA     Kwara State Television (KWTV)     GANZY     Abubakar Baba     Saad Omo\'ya     Sambo Murtala     Toyin Saraki     Rafiu Ajakaye     Demola Banu     Aisha Ahman Pategi     Femi Oladiji     Yusuf Babatunde Abdulwahab     Unicontinental Construction Company     Mohammed Lawal Bagega     Khairat Gwadabe     Okoolowo     Sa\'ad Alanamu     Saka Keji     Ghali Alaaya     Toyosi Thomas     Mohammed Tunde-Jimoh     Mahfouz Adedimeji     Isiaka Yusuf     Niguel Gallando Marcias     Ilorin Airport     Usman Yunusa     Goodluck Jonathan     Transition Implementation Committee     Ajibola Saliu Ajia     Aminat Omodara     Babatunde Ajeigbe     Kulende     Government House     ITP     Afolabi-Oshatimehin     Rashidi Yekini     Yemi Osinbajo     Chief Imam Of Lafiagi     Ilorin West/Asa Federal Constituency    

Cloud Tag: What's trending

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

Emir Of Ilorin     Bolakale Saka     Busari Toyin Isiaka     Kwara-SAPZ Project     Federal Road Maintenance Agency     Olofa Of Offa     John Obuh     Musa Alhassan Buge     SAPZ Project     Temitope Ogunbanke     Olatunji Bamgbola     Christian Association Of Nigeria     Olabode George Towoju     Kumbi Titilope     Fatima Abolore Jimoh     Ilota     Mufti Of Ilorin     Al-Ilory     Yunus Lawal     Ajikobi     Logun     Balogin Alanamu     Yekini Adio     Halidu Danbaba     Sanitation Exercise     Oba Sulaiman Asude     Crystal Corner Shops     Babaloja-General     Prince Mahe Abdulkadir     Oniye     AbdulRauf Keji     Katibi Ibraheem Adeola     Kudirat Arinola Lawal     Ayotunde Emmanuel Alao     Yakub Lai Gobir     Jimoh Olusola Imam     Abdulrazaq Adebayo     Akorede     Oja-Oba     Senior Staff Union Of Colleges Of Education     Baba Adini Of Kwara State     Idi-Ape     Yusuf Amuda Aluko     Veterinary Teaching Hospital     Haliru Dantoro     Ajasse-Ipo     Jimoh Saadudeen Muhammed     Afeyin-Olukuta     Abdulazeez Uthman     Ishak Mohammed Sabi     Kola Adesina     Ilesha Gwanara Road     Y.A. Abdulkareem     Ahmed Saidu Rufai     SSUCOEN     Eghe Igbinehi     Ubandoma     AGF Abdulrazaq     Naira Redesign     Tafidan Kaiama     Baruten     Muhammad Ghali Alaaya     Babatunde Ishola Babaita     Funmilayo Isiaka Oniwa     Abdulmumin Yinka Ajia     Bursary     Marufat Oladosu     Oba David Oyerinola Adedunmoye     Junior Secondary School Certificate Examinations     Harmony Holdings     Garba Ayodele Wahab     Gbemisola Saraki     Donatus Ejidike     Saadu Gbogbo Iwe     ANCOPPS     Basic Education Certificate Examination     Oba Abdulkadir La\'aro