A Federal Capital Territory FCT High Court sitting in Bwari has
dismissed a suit filed by Godsgift Eriaye of the Bayelsa Integrity
Group against Biobarakuma Wangagha Degi Eremieyo representing
Bayelsa East, to the effect that the latter forged his academic
qualifications and documents.
![image](/2020/10/lawreport.jpg")
In the suit which had the Inspector General of Police (IGP),
Mohammed Adamu as second defendant, the claimant had sought a
declaration “that the First School Leaving Certificate from
Ministry of Education of Government of Rivers State of Nigeria with
number.
![image](/2020/10/NWLRland.jpg")
RS/EV1/76/013360 from State School Bassambiri bearing the name
Degi Biobaragha which the 1st defendant claims, and has presented
before various authorities as belonging to him and has obtained
various benefits on account of same including in particular, his
current membership of the Senate of the National Assembly of
Nigeria, was not duly issued to and does not belong to the
defendant, but to another person by the stated name, and the use of
same by the defendant is unlawful and constitutes a forgery and
falsification of same”.
He had consequently asked the court to mandate the Inspector
General of Police IGP to immediately commence criminal prosecution
of Sen. Degi.
The Supreme Court had on 13th of February 2020, in its judgement
in a pre-election matter in respect of the Bayelsa State
Governorship Election, affirmed a Federal High Court Judgement
which decided inter alia, that Senator Biobarakuma Wangagha Degi
Eremieyo, is disqualified from participating in the election on
grounds that he submitted forged and falsified documents and also
made false declaration to the Independent National Electoral
Commission in aid of his qualification for the election.
The judgement led to the invalidation of the election of Chief
David Lyon as Governor-elect for Bayelsa State and Sen. Degi as
Deputy Governor-elect.
However, the FCT High Court presided over by Justice A.O Musa in
its judgement dated November 13, 2020 whose certified true copy was
made public on Friday, held that “the name Degi Biobaragha on the
first school leaving certificate from Ministry of Education of
Rivers State of Nigeria with number RS/EV1/76/013360 from State
School Bassambiri (now State School 1 Nembe) is an error and
misspelling of the 1st defendant’s name, Biobarakuma Degi”.
Justice Musa said notwithstanding the error in the spelling of
the name, the certificate is genuine, belongs to and was issued to
the senator.
The court also declared that the name Adegi Biobakumo on the
West African Examinations Council’s General Certificate of
Education ordinary level of June 1984 with Certificate Number SG
851767 is an error and a misspelling of the 1st defendant’s name,
Biobarakumadegi and that the certificate is genuine and was issued
to Sen. Degi.
It further held that the Masters in Business Administration
Statement of Result from Rivers State University of Technology
dated 14th February 2002 bearing the name Degi Biobarakumawangagha
is genuine, belongs to and was issued to no other person than the
1st Defendant.
It accordingly awarded the sum of ₦500,000 for Degi against the
claimant, Eriaye.
Justice Musa also declared that there is no evidence so far to
establish a prima facie case of Forgery or any other crime at all
against the 1st Defendant (Sen. Degi) to warrant his prosecution by
the 2nd Defendant (IGP) in the circumstances.
He said by virtue of the Supreme Court judgment in Fawehinmi v.
IGP & 2 others (2002), the 2nd Defendant or any Police Officer at
all cannot be compelled by Court to commence investigation of any
crime or prosecution of any perceived or suspected offender.
He consequently awarded the sum of ₦500,000 as primitive cost
against the claimant.
An attorney to Degi, Ebere Okonkwo said the import of the
court’s decision is that those documents which were submitted to
the Independent National Electoral Commission and which also formed
the basis of the information recorded in the INEC Form CF001, are
genuine and not falsified.
“We hope that this judgement is a first step in lifting the huge
and incapacitating burden and damage done to the reputation of the
Distinguished Senator Degi Eremieyo, who as we restate is only the
victim of a judicial mistake and we are confident that the judicial
process is sufficient also to undo that grave error visited on
him”, Okonkwo stated.
A Federal Capital Territory FCT High Court sitting in Bwari has
dismissed a suit filed by Godsgift Eriaye of the Bayelsa Integrity
Group against Biobarakuma Wangagha Degi Eremieyo representing
Bayelsa East, to the effect that the latter forged his academic
qualifications and documents.
In the suit which had the Inspector General of Police (IGP),
Mohammed Adamu as second defendant, the claimant had sought a
declaration “that the First School Leaving Certificate from
Ministry of Education of Government of Rivers State of Nigeria with
number.
RS/EV1/76/013360 from State School Bassambiri bearing the name
Degi Biobaragha which the 1st defendant claims, and has presented
before various authorities as belonging to him and has obtained
various benefits on account of same including in particular, his
current membership of the Senate of the National Assembly of
Nigeria, was not duly issued to and does not belong to the
defendant, but to another person by the stated name, and the use of
same by the defendant is unlawful and constitutes a forgery and
falsification of same”.
He had consequently asked the court to mandate the Inspector
General of Police IGP to immediately commence criminal prosecution
of Sen. Degi.
The Supreme Court had on 13th of February 2020, in its judgement
in a pre-election matter in respect of the Bayelsa State
Governorship Election, affirmed a Federal High Court Judgement
which decided inter alia, that Senator Biobarakuma Wangagha Degi
Eremieyo, is disqualified from participating in the election on
grounds that he submitted forged and falsified documents and also
made false declaration to the Independent National Electoral
Commission in aid of his qualification for the election.
The judgement led to the invalidation of the election of Chief
David Lyon as Governor-elect for Bayelsa State and Sen. Degi as
Deputy Governor-elect.
However, the FCT High Court presided over by Justice A.O Musa in
its judgement dated November 13, 2020 whose certified true copy was
made public on Friday, held that “the name Degi Biobaragha on the
first school leaving certificate from Ministry of Education of
Rivers State of Nigeria with number RS/EV1/76/013360 from State
School Bassambiri (now State School 1 Nembe) is an error and
misspelling of the 1st defendant’s name, Biobarakuma Degi”.
Justice Musa said notwithstanding the error in the spelling of
the name, the certificate is genuine, belongs to and was issued to
the senator.
The court also declared that the name Adegi Biobakumo on the
West African Examinations Council’s General Certificate of
Education ordinary level of June 1984 with Certificate Number SG
851767 is an error and a misspelling of the 1st defendant’s name,
Biobarakumadegi and that the certificate is genuine and was issued
to Sen. Degi.
It further held that the Masters in Business Administration
Statement of Result from Rivers State University of Technology
dated 14th February 2002 bearing the name Degi Biobarakumawangagha
is genuine, belongs to and was issued to no other person than the
1st Defendant.
It accordingly awarded the sum of ₦500,000 for Degi against the
claimant, Eriaye.
Justice Musa also declared that there is no evidence so far to
establish a prima facie case of Forgery or any other crime at all
against the 1st Defendant (Sen. Degi) to warrant his prosecution by
the 2nd Defendant (IGP) in the circumstances.
He said by virtue of the Supreme Court judgment in Fawehinmi v.
IGP & 2 others (2002), the 2nd Defendant or any Police Officer at
all cannot be compelled by Court to commence investigation of any
crime or prosecution of any perceived or suspected offender.
He consequently awarded the sum of ₦500,000 as primitive cost
against the claimant.
An attorney to Degi, Ebere Okonkwo said the import of the
court’s decision is that those documents which were submitted to
the Independent National Electoral Commission and which also formed
the basis of the information recorded in the INEC Form CF001, are
genuine and not falsified.
“We hope that this judgement is a first step in lifting the huge
and incapacitating burden and damage done to the reputation of the
Distinguished Senator Degi Eremieyo, who as we restate is only the
victim of a judicial mistake and we are confident that the judicial
process is sufficient also to undo that grave error visited on
him”, Okonkwo stated.