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.

Adedayo Yusuf Abdulkareem     Babata     Oba Mogaji Abdulkadir     Moses Salami     Mope Dasuki Belgore     Police Commissioner     Share     Jaiz Bank     Haliru Dantoro     Abdulrauf Aliyu     Quareeb     C2c@kwarastate.gov.ng     Fareedah Dankaka     Ishaq Salman     Mahmud Durosinlohun Atiku     Kwara 2019     Jebba     Mumini Ishola Hanafi     Senate Presidency     Razaq Atunwa     ITEM 7     Raliat Elelu-Habeeb     ER-KANG     Press Release     Segun Ogunsola     Olayinka Jelili Yusuf     AbdulFatai Adeniyi Dan-Kazeem     Peter Amogbonjaye     Pategi     Olaosebikan     Kwara Volleyball Association     International Public Sector Accounting Standards     Nigerian Correctional Service     Abdulwahab Ololele     Kwha.gov.ng     Hameed Oladipupo Ali     Junior Secondary School Certificate Examinations     Prince Mahe Abdulkadir     IYA YUSUF     Mohammed Saidu     Bayo Lawal     Makama     Association Of Kwara State Online Media Practitioners     John Obuh     Ramadhan     SAPZ Project     Abdulrahman Abdulrasak     Solomon Edojah     Sobi Specialist Hospital     Government High School (GHS), Adeta     Nagode     Abatemi Usman     UITH     Offa Metropolitan Club     Basic Education Certificate Examination     Ohoro Of Shao     Isiaka Yusuf     Dan Iya Of Ilorin     Hamza Usman     Orisa Bridge     Babajide Ajayi     Yusuf Olaolu Ali     Edu     SSUCOEN     Aso Ofi     Farouk Salim     Dairo Kunle Paul     Gbemisola Saraki     Kayode Ogunlowo     Idi-Ape     Isiaq Khadeejah     Waheed Ibrahim     Budo-Egba     Salihu Ajia     Kazeem Oladepo     Imodoye Writer’s Enclave     College Of Education    

Cloud Tag: What's trending

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

National Information Technology Development Agency     Alfa Yahaya Road     Muideen Olaniyi Alalade     Lai Gobir     Kwara State Government     Abdulganiyu Oladosu     QuickWin     Adamu Atta     Haleeman Salman     Ahmad Olanrewaju Belgore     Kola Adesina     Ibrahim Abdullahi     Adeniyi Ojo     Abubakar Lah     Abdulkarim Adisa     Otoge     Aasiyat Bello Oyedepo     Afeyin-Olukuta     IPSAS     Ilorin Central Mosque     Jimba Babatunde     Ibrahim Oloriegbe     Femi Oladiji     Yahaya Muhammad     Olaiya Zuberu     CACOVID     Saraki     Rabiu Kwankwaso     Saheed Popoola     Hakeem Idris     Hussein Oloyede     AbdulGaniyu Kareem     Jebba     Lukman Adeloyin     Ayedun     Rashidi Yekini     Muhammad Mustapha Suleiman     Presidential Election     Amosa     JMK Construction Company Limited     Ibrahim Jawondo     Eghe Igbinehi     Illyasu Abdullahi     Kwara State Geographic Information Service     Simon Sayomi     IHS Towers     Musa Ayinla Yeketi     Orire     Ishak Mohammed Sabi     Abdulfatai Salman Baakini     Kale Ayo     Folorunsho Erubu     Gbenga Awoyale     Amos Justus Sayo     Kola Bukoye     Centre For Digital Economy     Eruku     Mazars Consulting     Just Event Online     International Vocational Centre     Sarkin Malamai     Esuwoye     Centre For Peace And Strategic Studies     Bilikisu Gambari     KFA     Societe Generale Bank Of Nigeria     Alabe     Bolakale Ayo     Valsolar-Kwara Company Limited     Sobi Specialist Hospital     David Adesina     Musa Yeketi     Ibrahim Abiodun     ER-KANG Mining     Ibrahim Bio     Abdulrasheed Na\'Allah     Abdulmumini Jawondo