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.

Alanamu     Aminat Omodara     Olabanji Orilonishe     Shehu Alimi Foundation     Pakata Patriots     Mufti Of Ilorin     Yusuf Aiyedun     Alabere     Ilota     Matthew Babaoye     Majlis For Sadakah, Zakat And Waqf     Abdulrazaq Sanni     Wahab Kunle Shittu     Yetunde Balogun     SWAN     Abubakar Lah     Pacify Labs     Bola Tinubu     Ophthalmological Society Of Nigeria     March 18     Yusuf Lawal     Titus Ashaolu     Gobirawa     Aishat Sulu-Gambari     Idofin     Ahmed Bayero     Oba Of Jebba     Taofeek Sanusi     Mohammed Jimoh Faworaja     Ahmed \'Lateef     Alliance For Democracy     Mubarak Oladosu     HICA     George Innih     Federal Road Maintenance Agency     Dan Iya Of Ilorin     Issa Baba     Lawan     Wahab Issa     Ola Falade     Gambari     Maigida Soludero Transit     HYPPADEC     Oja-Oba     Akeem Lawal     Bamidele Adegoke     Mohammed Ajia Ibrahim     Ibrahim Jawondo     Shoprite     Otunba Taiwo Joseph     Rebecca Olanrewaju     Abubakar Imam     Olatunde Olukoya     Ekweremadu     Olomu Of Omu-Aran     Omoniyi     Owode Market     Ilorin Innovation Hub     Elelu     Osinbajo     Oro Grammar School     Abubakar Abdullahi Bata     Senate     Societe Generale Bank Of Nigeria     Grillo     Ilorin Emirate Staff Association     Abdulrauf Aliyu     Alaro     Nigeria Customs Service     Ayo Salami     Jide Ashonibare     Joseph Yemi Ajayi     AGM Professional Services     Shettima     Chikanda     Freshvine Nigeria Limited     Mustapha Olanipekun    

Cloud Tag: What's trending

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

Tunji Oyawoye     Shaaba Lafiagi     Sidikat Uthman Ajibola     Baba-Isale     Playing Host     Muhammad Akande Olarewaju Odunade     John Olajide Adedipe     ANCOPPS     Bilikis Oladimeji     KW-GIS     Abdulazeez Arowona     Sulyman Tejidini     Bayer AG     ER-KANG     IEDPU     Nagode     Boko Haram     General Hospital, Ilorin     Ahmad Uthman     Ekweremadu     Kola Adesina     Ramadhan     General Hospital     Abdulraheem Yusuf     Muhammad Ghali Alaaya     Adedeji Onimago     Quareeb Islamic Association     Ilorin Descendants Progressive Union     Deji Ajani     Federal College Of Education (Special), Afon     Oke-opin     Atunwa     IF-K     Nupe     Muhammad Yahya     Mahmud Ayinla Giwa     Joshua Adeyemi Adimula     Abdulrahman Abdulrazaq     Muhammad Fawaz Abubakar     Samuel Adedoyin     Babata     JSSCE     Earlyon Technologies     Abdulmajeed Wahab     Law School Scholarship     Unicontinental Construction Company     JMK Construction Company Limited     Kwara South     NIPOGA     Olaoye B. Felix     Plat Technologies Limited     Adijat Adebiyi     Abdulganiy Abimbola Abdussalam     Kunle Suleiman     Bilikisu Oniyangi     Government High School (GHS), Adeta     Aremu Odolaye     George Innih     Lawan     Ajikobi     Jalala     Abubakar Lah     Lai Mohammed     Monsurat Omotosho     Abdulquowiyu Olododo     Emir Of Kano     Oba David Oyerinola Adedunmoye     Yusuf A. Usman     RTEAN     Paul Odama     Federal Allocation     Abdullahi Atanda     Mansurat Amuda-Kannike     Facemasks     Bayer Nigeria Limited     Oyedun Juliana Funke     Abdulkareem Alabi