By Alex Enumah in Abuja
Justice Ahmed Mohammed of the Federal High Court in Abuja on Wednesday fixed November 16, 2020, for hearing in an alleged perjury suit instituted against the Edo State Governor, Mr Godwin Obaseki.
The judge fixed the date for hearing following a request by the counsel to the plaintiffs, Chief Akin Olujimi (SAN).
The plaintiffs — the All Progressives Congress (APC) and Edobor Williams — had dragged Obaseki, the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) to court over alleged perjury.
In the suit marked FHC/B/CS/74/2020, the plaintiffs specifically prayed the court for an order disqualifying Obaseki from contesting the September 19 governorship election in Edo State on the grounds that he supplied false information on oath to INEC, an act said to be contrary to Section 31(5) and (6) of the Electoral Act, 2010.
The suit, which was filed on July 14, 2020 at the Benin Division of the Federal High Court, suffered some setback before it was set down for hearing Wednesday by Justice Mohammed of the Abuja Division of the Federal High Court.
When the matter was called, Olujimi announced appearance for the plaintiffs, while Chief Ken Mozia (SAN) and Mr Rasaq Isenalumhe announced appearance for Obaseki and PDP respectively. There was no representation for INEC.
Olujimi, who informed the court that the matter was for mention, prayed the court to adjourn for hearing of the matter.
Responding, Obaseki’s lawyer, Mozia, noted that although he was not objecting to the request for adjournment, but drew the court’s attention to a motion on notice he filed challenging the competence of some processes contained in the processes files by the APC.
Before granting the request of the plaintiffs, Justice Mohammed reminded parties in the matter that the suit was filed on July 14 and being a pre-election matter, has a life span of 180 days and so will terminate in January next year.
He then urged the lawyers to cooperate with the court so that the matter could be determined before the expiry date.
According to the judge, since both parties would have to call witnesses to give evidence with regards to the disputed issues, they must be mindful of the life span of the matter.
He subsequently adjourned the matter to November 16, 17 and 18 for the APC to open and close its case, while Obaseki would do same thereafter.
The plaintiffs in the writ of summons specifically accused the governor of forging his university certificate presented to INEC in aid of his qualification for the governorship election in Edo State.
They also claimed that there are discrepancies in the subject Obaseki claimed he passed in his West African Examination Council (WAEC) exam and that in his testimonial.
Consequently, they want the court to declare that Obaseki’s claim in his INEC form EC9 at column C, sworn to on June 29, 2020 at the Federal Capital Territory High Court Registry to the effect that he obtained from the University of Ibadan in 1979, a Bachelor of Arts Degree in Classical Studies is false and contrary to Section 31 (5) and (6) of the Electoral Act, 2010.
They also want the court to declare that Obaseki lied on oath when he swore to an affidavit on June 29, 2020 that he worked in Afrinvest Limited from 1994 to 2014 when he retired.
“A declaration that the 1st defendant is disqualified from contesting election to the office of Governor of Edo State for non-fulfillment of the constitutional requirement in section 182(1)(j) of the Constitution of Nigeria and upon presenting false/forged certificate to INEC contrary to Section 31 (5) and (6) of the Electoral Act, 2010.”
The plaintiffs also urged the court to declare that the PDP, “having sponsored a candidate, who supplied false information on oath and presented false/forged certificates to INEC, is not entitled to participate in the election scheduled for September 19 or on any other date that may be appointed for the purpose”.
They therefore prayed the court for an order disqualifying Obaseki and the PDP from the September 19 governorship election as well as an order directing INEC to remove the name of the PDP and its candidate from the ballot paper or election records or materials.