By Charity C. I. Aiguobarueghian, Esq
I am very disturbed by the utter falsehood being peddled by the All Progressives Congress (APC) regarding the court cases where the People’s Democratic Party, PDP, candidate has recorded astounding successes, “since clear conscience fears no accusations”.
It became very disturbing when what we once thought was a mischief by some social media urchins is being peddled by a personality like a sitting senator.
First, a suit was filed by Phillip Shaibu, Umoru Hadiza, Arthur Esene, and Anselm Ojezua as Plaintiffs. While the Independent National Electoral Commission (INEC), PDP, and Asue Ighodalo were Defendants.
The suit sought inter alia the disqualification of Dr. Asue Ighodalo as the candidate of the PDP because he allegedly forged his voters card.
Pleadings were fully exchanged and evidence taken.
Anselm Ojezua testified on behalf of the Plaintiffs as PW1. Kingsley Magbuin testified as DW1.
Kindly note that in reaction to a ruling by the federal high court earlier converting the Originating Summons to Writ of Summons, Counsel to Asue Ighodalo had filed an interlocutory appeal in Appeal No: CA/ABJ/CV/629/2024.
Whereas the substantive suit was ongoing at the federal high court, the appeal also proceeded simultaneously.
The federal high court Coram Justice J. K. Omotosho, on the 17th day of July, gave judgment and dismissed the suit in its entirety on the following grounds:
1. That the suit was statute barred.
2. That Philip Shaibu and Umoru Hadiza did not participate as aspirants in the primary election conducted by the PDP.
3. That the allegation of forgery of voter’s card was not proved. Also, that voter’s card is not one of the constitutionally qualifying conditions stipulated in S. 177 and S.182 of the Constitution of the Federal Republic of Nigeria.
The above put paid to the matter as filed in the federal high court conclusively.
Meanwhile, the Appeal filed by Asue Ighodalo, earlier referred to, became due, and judgment was delivered on the 22nd of July 2024. It is the same judgment which CTC was issued on 5th of August 2024 that is trending for the wrong reasons. It is pertinent to state at this juncture that the only issue that was decided by the Court was whether the lower court could covert the originating summons to a writ of summons.
The court held that though the Electoral Act provides that it’s only the federal high court that has jurisdiction over pre election matters and that the mode of commencement is clearly stated as originating Summons, previous Supreme Court decisions allows for conversion in line with the Federal High Court Law where there are contentious issues. The appeal was thus dismissed.
Recall that the federal high court had earlier gone on to hear the case with pleadings ordered and evidence taken.
The decision of the Court of Appeal thus affirmed the earlier judgment of the Federal High Court. There is nothing in that judgment that challenged the candidature of Dr. Asue Ighodalo or, by any means, cast a slur on it. It only said that the Writ of Summons adopted by the Federal High Court was the appropriate mode.
Therefore, the extant position is that the suit on the allegation of forgery of voter’s card stands dismissed. Also note that Dr. Asue Ighodalo legal team will not appeal the court of appeal judgment to the Supreme Court as it serves no purpose.
C. I. Aiguobarueghian, Esq. is the
Majority Leader,
Edo State House of Assembly, and writes from Benin City.
