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From Godwin Tsa, Abuja
A Federal High Court sitting in Abuja has dismissed a certificate forgery suit against the Kwara State Governor, Alhaji Abdulrahman Abdulrasaq by the Peoples Democratic Party (PDP) for want of merit and jurisdiction.
Justice Inyang Ekwo, in his judgment, held that the suit was baseless, unwarranted and constituted a gross abuse of the Court.
The PDP had sued the Independent National Electoral Commission (INEC), Abdulrahman Abdulrasaq and the All Progressives Congress (APC) as first to third defendants respectfully.
In the suit marked FHC/ABJ/CS/1324/2022, PDP had prayed that the Governor and APC be disqualified from the 2023 Governorship election on the allegation of presentation of forged West African Examination Council WAEC certificate to secure nomination.
The party also prayed for an order of the Court compelling INEC to delist the name of the governor and APC from those cleared for the general elections.
However, in his judgment, Justice Ekwo upheld the preliminary objection to the suit filed on the governor’s behalf by a Senior Advocate of Nigeria (SAN), Prince Lateef Olasunkanmi Fagbemi.
The Judge agreed with Fagbemi that the purported certificate forgery and perjury had been raised in another suit in 2019 by PDP’S former governorship candidate, Rasaki Atunwa, adjudicated upon and dismissed by Justice Bassey Effiong Ikpeme for being worthless and unmeritorious.
Justice Ekwo held that PDP lacked requisite locus standi to challenge the primary election that produced Abdulrasaq as the governorship candidate of the All Progressives Congress (APC) because it was not an aspirant in the primary election.
The judge further agreed with Fagbemi that PDP was a busy body and meddlesome interloper because it has no right whatsoever to dabble into the internal affairs of the APC.
According to the Judge, PDP’S suit disclosed no reasonable cause of action because the alleged certificate forgery had been looked into and dismissed as far back as 2019.
Besides, Justice Ekwo held that the suit has no life to sustain it or legs to stand upon having been instituted outside the period required by law.
