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.

Gabriel Fashanu     Dar-Al-Handasah Consultants Ltd     Sai Kayi     Idowu Laro     Kwara 2023     Harrison Osauwagboe     Ezekiel Yissa Benjamin     Owu Fall     Onilupeju Of Ilupeju     KWASIEC     LEAH Charity Foundation     Jimoh Lambe Abdulkareem     IQRA College     LABTOP     Mohammed Yisa     Isiaka AbdulRazaq     Prince Sunday Fagbemi     Abdulmajeed Abdullahi     Kwara State Football Association     Rafiu Olasile     Ebola     Idofin     Kwara TV     Senior Ibrahim Suleiman     Tinubu     Ilorin Talaka Parapo     Bashir Adigun     AbdulHamid Adi     Baba Idris     Oluwole Dupe     Oko-Erin     Niyi Osundare     Yusuf Amuda Abubakar     ASUU     Aliyu Sabi     Musa Abdullahi     Apaola     Sheikh Hamzat Yusuf Ariyibi     Michael Imoudu National Institute For Labour Studies     Okin Biscuits     Sayomi     Segun Adeniyi     Lola Ashiru     Lanre Issa Onilu     Farouk Salim     Hussein Oloyede     CKNG     Tsado Manman     Isiaka Abdulrazak     Opaleke Bukola Iyabo     Ajia-Bako     Face Masks     Ilorin General Hospital     Kale Ayo     Oni Adebayo     Mustapha AbdulGaniyu     Balogin Alanamu     Principal Private Secretary     Sanitation Exercise     Toyin Abdullahi     Galadiman Ngeri     Valsolar Consultoria     Solomon Edoja     Shuaib Boni Aliyu     Segun Ogunsola     Ahmed Mohammed Rifun     Idi-Ape     Sa\'adu Gambari     Mashood Dauda     Abdulrazaq Solihudeen     State Bureau Of Internal Revenue     Olaitan Buraimoh     Ilorin Emirate     Just Law Forum     Fareedah Dankaka     Rotimi Atere     Amos Bajeh    

Cloud Tag: What's trending

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

Senate President     Ayodele Olaosebikan     Onilupeju Of Ilupeju     Oko-Erin     Ijakadi     Forgo Battery     Abubakar Imam     Kawu Baraje     Shehu Alimi Foundation For Peace And Development     Bello Bature     Hikmah AbdulKareem     Kwara Basketball Association     Atiku Abubakar     Saka Onimago     Azeez Bello     Jimoh Bashir     Ishola Balogun Fulani     Susan Modupe Oluwole     Owu Fall     IDPU     KWTV     Ahmed Ayinla Jimoh     Kehinde Baale     Read With Me     Taofik Mustapha     Gamji Members Association     First Lady     Adamu Atta     Adedayo Yusuf Abdulkareem     Osinbajo     Arik     James Kolo     CT Ayeni     Amina El-Imam     Abatemi-Usman     Abubakar Atiku     Grillo     Afonja Descendants Union     Omar Bolaji Gambari     AbdulRasaq Abdulmajeed Alaro     Quran     Road Transport Employers Association Of Nigeria     KWASEIC     Ayotunde Emmanuel Alao     Sebastine Obasi     Sheikh Hamzat Yusuf Ariyibi     Ebun-Olu Adegboruwa     Suleiman Abubakar     Ridhwanullah Al-Ilory     Joshua Adeyemi Adimula     Ballah     Kwara State Fire Service     TIC     Dorcas Afeniforo     Muhammad Ghali Alaaya     Kabir Shagaya     Sheu Ndanusa Usman     Samuel Adaramola     Damilola Yusuf     UNIFEMGA     Sulyman Buhari     Amos Justus Sayo     Olabode Towoju     Mufutau Olatinwo     Bashir Badawi     Ilorin Metro Park     Rasheed Jimoh     Rotimi Oyedepo     Sanusi Abubakar     Yusuf Lawal     Abatemi Usman     Saba Jibril     Shaykh Luqman Jimoh     Dasuki Belgore     Olokoba     Mashood Dauda     Rafiu Olasile