A Federal High Court sitting in Abuja, on Friday dismissed a suit seeking to remove Governor Atiku Bagudu of Kebbi State from office. The judgement was in a suit filed by Maj. Gen. Bello Sarkin-Yaki (rtd.), Anthony Itanyi and Sahabi Sami (plaintiffs), who were Bagudu’s main opponents in the April 11, 2015 governorship election in Kebbi state. Joined in the suit as defendants were the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC). By the suit marked FHC/ABJ/CS/312/2015, the plaintiffs had prayed the court for a declaration that Bagudu was incompetent to contest the governorship poll in the state. The plaintiffs had challenged the eligibility of Atiku Bagudu to stand as the governorship candidate of the APC in the 2015 election in Kebbi. Delivering judgement on Friday, the presiding judge, Justice Ahmed Mohammed held that the plaintiffs failed to prove the criminal allegations levelled against Bagudu. Justice Mohammed was of the opinion that all the documents (exhibits) tendered before the court by the plaintiffs could not show how Governor Bagudu was sentenced or fined for any offence by any court or tribunal. The court stated that it would be wrong under the law to accord any probative value on the exhibits of the plaintiffs as there is no legal effect in them. “There are several Supreme Court judgments to the effect that no probative value should be attached to documents that are not tendered in court by the maker of such documents” the court noted. The judge said the burden is on the plaintiffs to prove, beyond reasonable doubt, the criminal allegations levelled against the governor. But having failed to substantiate the allegations through verifiable and material affidavits, the judge stated, thus, “On the whole, I see no merit in the suit of the plaintiffs, and it is hereby dismissed. No order as to cost”. Before dismissing the suit, the court said the plaintiffs could not prove before the court that the information the first defendant (Bagudu) provided in form CF.001 to INEC was false. Justice Mohammed noted that, “From the evidence of the plaintiffs, I am of the opinion that he has failed, through his witness that the first defendant was convicted by a court in the United States of America for criminal offence. He said the first defendant was arrested in May, 2003 for extradition, which he pointed out does not amount to a sentence of any kind. Mohammed insisted that nothing was before the court to suggest that the first defendant was convicted for any offence. Recall that the plaintiffs had asked the court to disqualify Bagudu as a candidate in the election and remove him from office on the grounds that the governor gave false information in the Affidavit of Personal Particulars otherwise called Form CF.001 submitted by him to the Independent National Electoral Commission (INEC). They contended that claim by Bagudu in Form CF.001 to the effect that he was not under a fine for offence, “involving in dishonesty or fraud or any offence imposed by a court or tribunal is false”. The plaintiffs also claimed that contrary to Bagudu’s claim, it had been discovered that he was allegedly fined by a court in the United States of America (USA). ]]>

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