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.

Mary Arinde     Abdulsalam A. Yusuf     Sa\'adu Salau     Gbemisola Saraki     SSUCOEN     Allocation     Abdulahi Abubakar Bata     CCEPE     Azeez Salawu     Toyin Falola     Kwara NIPR     Harrison Osauwagboe     Baba Adini Of Kwara State     EFCC     Dele Belgore     Mumeen Lah     Mike Omotosho     Olugbense     Okin Group     Suraj Tunji Oyewale     Code Of Conduct     Eleja     Illyasu Abdullahi     AbdulRazaq AbduMajeed Alaro     Modibbo Kawu     Kaosarah Adeyi     Samuel Adaramola     Abatemi Usman     Afeyin-Olukuta     Ubandoma     Ahmed     Adisa Logun     Omu-aran     Olupako Of Share     Maryam A. Garuba     Kishira     Afonja Descendants Union     Agboola Abdulraheem     Ibrahim Abikan     Aso-ofi     Mufutau Olatinwo     Suleiman Yahya Alapansapa     Abikan     Kola Ologbondiyan     Baboko Primary School     Balogun Gambari     Tuesday Assayomo     ARMTI     07039448763     Aisha Ahman-Pategi     Akeem Lawal     Bolakale Kawu Agaka     Mohammed Abduraheem     Abdullateef Abdussalam     Olushola Saraki     Yemi Sanni     Simeon Sule Ajibola     Elerin Of Adanla     Elerin Of Adanla Irese     Aiyedun     Damilola Yusuf Adelodun     Patigi Regatta     Quareeb Islamic Association     Admiralty Villa     Yusuf Abdulwahab     Basic Education Certificate Examination     Kola Shittu     Ibrahim Abdulkadir Abikan     HAMFAT Clinic And Maternity     Segun Olawoyin     Majlis For Sadaqah, Zakat And Waqf     Joana Nnazua Kolo     Oyedun Juliana Funke     Olokoba Sulyman     Kwara TV     Ishaq Salman     Yaru    

Cloud Tag: What's trending

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

Bashir Adigun     Sardauna     Adebayo Mohammed Kamaldeen     Simeon Sayomi     Abdulrazaq Akorede     Sunday Fagbemi     Olokoba     Ibikunle Ogunleye     Aminat Omodara     Simon Sayomi     Agboola Abdulraheem     Sanusi Abubakar     Hijaab     Ebun-Olu Adegboruwa     Kulende     IDPU     Hassanat Bello     JMK Construction Company Limited     Odo-Owa     Yekini Adio     Ndakene     Ahman Pategi     Ifelodun     Oloruntoyosi Thomas     Adolescent Girls Initiative For Learning And Empowerment     Ahmed Dankaya     Abdulrazaq Adebayo     Aliyu Alhassan     Fatai Garuba Labaka     Kisra     Idris Amosa Saidu     Prince Sunday Fagbemi     Lawan     Stephen Fasakin     LAK Jimoh     Ope Saraki     Kumbi Titilope     Busari Alabi Alausa     Boko Haram     Galland Marcias     Rebecca Bake     Bilikisu Oniyangi     Matthew Babaoye     Samari     Ronke Adeyemi     Hakeem Idris     Fatima Abolore Jimoh     David Oyerinola Adedunmoye     Adamu Jemilat-Baki     Federal Allocation     Agbarigidoma     Yahaya Abdulkareem     BECE     Dumagi     2023 Elections     Okin Group     Sarkin Malamai     Taiwo Joseph     Abdulrasheed Akogun     ASMAU PLAZA     Irepodun     Wahab Kunle Shittu     Adaramaja     Shehu Jimoh     Kwara State Branch Of The National Library     Kola Ologbondiyan     Esuwoye     Kayode Ishola     Iponrin     Marufat Oladosu     Maryam Nurudeen     Isa Aremu     Muhammad Fawaz Abubakar     Age AbdulKareem     Aminu Adisa Logun     Kwara 2023     Fola Consultant