Suit No. FHC/ABJ/CS/1147/2019 Femi Joseph v Peoples Democratic Party (PDP) and 2 others may be a suit mounting through the Federal high court with the other 2 defendants as independent National Electoral Commission (INEC) and therefore the candidate of the PDP in Saturday’s Kogi State governorship polls, Engr. Musa Wada.
The suit was instituted by means of an Originating Summons at the Federal high court, Abuja on twenty seventh Sept 2019, shortly after the publication of Forms CF001 (Particulars of persons seeking election to office) of all candidates within the Kogi gubers by INEC.
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The applicant by virtue of Section 31(5) & (6) of the Electoral Act, 2010 (as amended) claims he moderately believes that the knowledge provided by the PDP Candidate, Musa AtayWada in both his form CF001 and therefore the connected initial college leaving Certificate on his primary school education were false.
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He therefore prayed the Court to see that the information was so false and, on that basis, disqualify the complainant from contesting because the candidate of the PDP within the coming November sixteenth, 2019 gubernatorial elections. whereas the PDP as a party has responded to the aforementioned suit, Engr. genus Musa Wada has shied away from debunking the claims.
Initially, this case was simply a bomb which can or might not detonate. Recent events have now lit its fuse and a detonation of PDP’s and Wada’s electoral chances isn’t any longer a question of ‘if’ but of ‘when’. New documents have emerged direct from relevant authorities that prove that the first college certificate submitted by Wada to INEC isn’t solely a forgery but an amateurish one. In other words, the dormant bomb has suddenly become a ticking time-bomb.
We had a panel of lawyers review the case filed by the complainant, the defence by the PDP and every one previous and new documents in support. there’s little doubt regarding it, the Plaintiff’s case and therefore the out there proof is actually sturdy. Like we have a tendency to same esrlier, it’s currently an issue of ‘when’ not ‘if’ Wada and therefore the PDP are going to be disqualified for submitting forgeries to INEC.
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In deciphering the laws on this matter, the Supreme Court has actually set a precedent of intolerance with aspirants who forge documents to contest elections. within the case of Engr. Mustapha Yunusa Maihaja vs Alhaji patriarch Gaidam (SC. 758/2016)[2017] NGSC seventeen (2 June 2017) (SC. 758/2016) [1960] NGSC one (01 June 2017), the apex court spoke on to the case at hand in Kogi:
‘The intention of the Constitution is that anyone who has bestowed a cast certificate to INEC ought to stand mechanically disqualified. No good system or polity ought to forgive, or through judicial policy and choices, encourage the harmful culture of formation certificates with impunity to hunt electoral contest.’
One issue is for certain currently. Engr. genus Musa Wada is finding it tough to defend himself. he’s nonetheless to reply to the suit and therefore the time for such a response has expired . It is safely assumed that facts undenied are admitted by him. once the time inside that to try and do thus as ordered by the Court has expired .
With the Supreme Court’s position in mind, a causative examination of the first college Certificate quickly show some serious, and criminal, discrepancies. Wada’s signature on the FSLC that he asseverate signed in 1975 is that the same as his current adult signature appended on his type CF001 to INEC. The serial variety doesn’t belong to the category he claims to possess graduated with, which means Wada’s may be a forgery.
The case can return up once more on the twentieth day of November 2019. The PDP and Engr. genus Musa Wada face disqualification regardless of however the election goes on the sixteenth. this suggests that the each the party and her candidate can still face hurdles even once the elections.
Their right to even challenge the end result at the court is currently riding on the end result of this case that claims they ought to not have participated within the election within the initial place.
Saturday November sixteen may be a certainty. an equivalent can not be same of the labours of the PDP and her supporters. they’ll agonize by the uncertainties flowing from their flag-bearer’s conduct for a protracted time to come back.
