The Federal High Court Abuja has fixed March 8, 2019 to deliver judgment on the suit seeking to disqualify Governor Nyesom Wike of Rivers State from contesting 2019 governorship election.
A Rivers State indigene, Elvis Chinda had filed a suit last year praying the court to interprete certain sections of the Electoral Act which deal with presentation of forged document to the Independent National Electoral Commission (INEC) by aspirant seeking clearance to contest an election.
Justice Inyang Edem Ekwo on Tuesday adjourned the matter for judgment after the plaintiff Counsel Achinike William- Wobodo, INEC lawyer Wale Ajayi and Governor Wike and PDP lawyer Ferdinand Orbih (SAN) all adopted their addresses and adumbrated on their respective positions on the matter.
Adopting the plaintiff written address, William-Wobodo urged the court to determine whether
Certificate of Birth (Statutory Declaration of Age) attached to Gov Wike Form C.F.001 presented to INEC, purportedly deposed to on the 3rd October 1986 by one Collins Nyeme Wike from Obio / Akpor Local Government Area of Rivers State was forged.
He urged the court grant the reliefs sought because ” a document that lied against itself is forged”
The counsel said that as at 1986 Obio / Okoor Local Government Area of Rivers State was not in existence because the local government in question was created in 1989 by Decree No 12 of 1989, two years after the alleged forgery was committed..
He further told the court that Wike had maintain consistency of the forged document by presenting same to the election commission since 1989 .
He said that the plaintiff only obtained the document from INEC a week before he filed the action , so the issue of status bar does not arise because he had brought the action within time.
Plaintiff lawyer further stated that Wike breached the Constitution of the Federal Republic of Nigeria 1999 (as amended) in his deposition titled : “Affidavit in Support of Personal Particulars of Persons Seeking Election to the Office /Membership of Governor( Form C. F. 001)on 29 October 2018 sworn to at the High Court Registry, Port Harcourt, which he submitted to INEC on the 2nd November 2018 for the 2019 governorship election.”
Mr Ajayi the INEC lawyer did not respond to the plaintiff originating summons but filed and argued a preliminary objection challenging the jurisdiction of the court to entertain the suit. He urged the court to dismiss the suit because the court lacked jurisdiction.
Gov Wike’ s lawyer Orbih SAN , also made similar submissions praying the court to dismiss the suit for lack of jurisdiction.
He said that the suit is status bar , having been filed outside the 14 days allowed by the 4th alteration to the Constitution of the Federal Republic of Nigeria, as amended.
According to the defence Counsel the suit was filed more than three years to the plaintiff first complaint and more than 17 days to the second complaint.
He also maintained that the deponent of said forged certificate of birth was not joint to the suit.
But , plaintiff lawyer urged the court to discountenance the defendants submission on the ground it is the presentation of the birth certificate to INEC is at issue. This issue, he stated was never denied. “A document that lies against itself is forged”.
“Anybody who present a forged certificate breach the law” , he said.
Justice Ekwo after listening to the submissions adjourned to March 8, 2019 for judgment.
