Court Fixes Sept 7 To Hear Certificate Forgery Suit Against Tinubu
- Orders substituted service on APC candidate
EDMOND ODOK – The Federal High Court Abuja has fixed September 7, 2022, to entertain a suit seeking to disqualify the All Progressives Congress (APC) presidential candidate, Asiwaju Bola Ahmed Tinubu, from contesting the 2023 elections over allegations of certificates forgery.
In fixing the hearing date, the presiding judge, Justice Ahmed Mohammed, also granted an ex-parte order for substituted service on Tinubu who reportedly had evaded personal service of court processes.
The Plaintiffs are praying the court to bar Tinubu from contesting or participating in the 2023 presidential poll as the APC flag bearer on account of his inaccurate information submitted to the Independent National Electoral Commission (INEC).
Counsel to the Plaintiffs, who are four APC chieftains, Goddy Uche, told the court that substituted service became necessary because all attempts to serve the presidential candidate have proved abortive as he cannot be reached.
In a brief ruling, the Vacation Judge, Justice Mohammed ordered that the Court process be served on the National Secretariat of APC and that such service shall be deemed as having been properly served on Bola Tinubu.
Thereafter, he adjourned the case to September 7, 2022, for further hearing.
According to the suit, the plaintiffs are posing the following questions for determination: “Whether having regard to the provision of sections 1 (3); 4(1)and 2; 14(1),(2)(a), and (c)and 42(1)(a)and (b) of the Constitution of the Federal Republic of Nigeria,1999 (as amended), the provision of section 29(5)of the Electoral Act, 2022 as enacted by the 4th Defendant which modified the provision section 31(5) of the Electoral Act,2010(as amended) is not ultra vires the 4th Defendant and therefore unconstitutional, null, void and of no effect whatever;
“Whether having regard to the decision of the Supreme Court in the case Modibbo Vs Usman (2020) 3 NWLR(PT.1712)470 and the provision of section 137(1)(j) the 3rd Defendant has not presented a forged certificate to the Independent National Electoral Commission (INEC) the 1st Defendant and thereby disqualified from participating in the forthcoming 2023 Presidential General Election”.
Similarly, they are also requesting that upon the favourable determination of the above questions, the Court should grant them the following reliefs: “A declaration of the Court that the provision of section 29(5) of the Electoral Act,2022 is ultra vires the 4th Defendant and unconstitutional, null, void, and of no effect whatsoever.
An order of the Court striking out/striking down the provision of section 29(5) of the Electoral Act 2022 from the Electoral Act and the body of extant laws of the Federal Republic of Nigeria same being ultra vires the 4th and 5th Defendants, unconstitutional, null, void and of no effect whatsoever.
“A declaration that the 3rd Defendant has presented a forged certificate to the Independent National Electoral Commission for the purpose of seeking to be elected into the office of President of the Federal Republic of Nigeria.
“A declaration that the 3rd defendant stands disqualified from participating in the 2023 presidential election as a candidate of the 2nd Defendant has presented a forged certificate to the Independent National Electoral Commission for the purpose of seeking to be elected into the office of the President of the Federal Republic of Nigeria.
“An order disqualifying the 3rd Defendant from contesting or participating in the forthcoming 2023 Presidential general election as a candidate of the 2nd Defendant.
A 33-paragraph affidavit in support of the suit was deposed to by Ibiang Miko Ibiang with the plaintiffs claiming that Tinubu falsely swore to an affidavit in 1999 in which he claimed to have attended St. Paul Aroloya Children Home School, Ibadan -1958-64 and Government College, Ibadan -1965-68 and presented same to INEC.
Furthermore, they told the court that the deposition turned out to be false and in order to conceal the falsity of the information he submitted to INEC, Tinubu deliberately omitted to provide any information whatsoever relating to his primary and Secondary schools education in his INEC form for the 2023 elections.
