Justice Inyang Ekwo of the Abuja Division of the Federal High
Court on Friday dismissed a suit seeking the disqualification of
Governor Nyesom Wike of Rivers State in the March 9, 2019
governorship election.
The suit was dismissed on the grounds that the plaintiff failed
to provide credible evidence of forgery against the governor.
The plaintiff, a Rivers State indigene, Elvis Chinda, had filed
the suit last year praying the court to interpret 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.
Delivering Judgment in the main suit, however, the court held
that the crux of the suit against Wike bothered on criminality
especially forgery of certifcate, which requires the plaintiff to
proof beyond reasonable doubt before judgement can be entered in
his favour.
The judge said apart from the documentary evidence obtained by
the plaintiff from doubtful sources the ingredients of establishing
a criminal matter were not provided to established a case of
forgery against Wike.
Besides, the judge said that the plaintiff being the sole
witness in the suit, served as both the accuser and prosecutor,
adding that his failure to call vital witnesses in respect of a
documentary evidence brought to court was fatal to his case and
made it liable to dismissal.
Justice Ekwo said he could not ascribe probate value to the
documents purportedly obtained by the plantiff from the Independent
National Electoral Commission (INEC), because the plaintiff failed
to attach receipt of payment for the Certified True Copy of the
documents obtained from INEC as required by law.
Justice Ekwo therefore dismissed the suit for being
unmeritorious in substance and in fact.
Earlier, the judge had upheld the preliminary objection raised
against the hearing of the suit on grounds that it had been caught
up with the 4th Alteration to the 1999 constitution which
stipulated a time limit for the institution of a pre-election
matter.
According to the Judgment since the suit was not filed within
the 14 days provided for by section 285 of the 1999 constitution as
amended, it has become statute barred and is subject to
dismissal.
The judge also dismissed the suit on the grounds that it was a
gross abuse of court process having been decided by another court
which delivered a final judgement and upon which an appeal had been
logged and pending at the court of appeal.
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