Saleh who is representing Ado, Okpokwu and Ogbadibo federal constituency of Benue State in the House of Representatives claimed that the appeal court judgment of February 8, 2016 that upturned his election as a Reps member was full of errors and was wrong in its entirety. In the notice of appeal filed by his counsel, Dr. Alex Izinyon (SAN), the Benue lawmaker predicated his appeal on five grounds for consideration of the apex court to uphold his election. The Court of Appeal had, in the judgment delivered by Justice Tani Yusuf Hassan dismissed the allegation of forgery of diploma certificate levelled against one, Christian Adabah Abah upon which he (Abah) was barred from being inaugurated as a member of the House of Representatives. The Appeal Court also voided the judgment of a Federal High court in Abuja which ordered Saleh’s inauguration into the House, following Abah’s disqualification on account of his improper nomination by the Peoples Democratic Party (PDP) and lack of eligibility. Dis-satisfied with the decision, Saleh is asking the apex court to reject the findings of the appellate court and allow his nomination and election to stay. In his grounds of Appeal, Saleh averred that the court of appeal erred in law with its conclusion that the judgment of a federal high court which disqualified his opponent on account of forgery of certificates was wrong because of the failure to prove the forgery beyond reasonable doubt. He also contended that the Appeal Court erred when it held that section 66(1) of the 1999 constitution and section 31 of the Electoral Act 2010 cannot be used against a person who has not been convicted on forgery by a competent court of criminal jurisdiction. The Reps member claimed that the judgment at the federal high court which disqualified Abah was not to find guilt of forgery but to establish whether forged certificates were used by Abah to secure nomination and certificate of return from the Independent National Electoral Commission (INEC). In another motion on notice, the appellant has applied for an order staying the execution of the Court of Appeal judgment pending the determination of the appeal against the judgment at the Supreme Court. In the motion, the appellant claimed that his action at the Supreme Court will be rendered nugatory if the Court of Appeal verdict was not stayed. The Appeal Court, on Monday ordered Hassan Saleh to vacate hus seat following the setting aside of the judgment of a federal high court that brought him to office and that Abah be allowed to replace him on the ground that the allegation of certificate forgery upon which he (Abah) was barred from being inaugurated has never been proved beyond reasonable doubt as demanded by law. The Appellate Court said the evidence of the Registrar of the Federal Polytechnic, Mubi notwithstanding, Abah can only be disqualified from holding office after he might have been convicted of forgery by a competent court. Hassan Saleh had in the 2015 general election, challenged the eligibility of Abah to stand for the election on the ground that he forged an Ordinary National Diploma in Accountancy purportedly obtained from the Federal Polytechnic, Mubi, in 1985. Justice Adeniyi Ademola of the Federal High court, Abuja had last year nullified Abah’s election as a member of the House of Representatives from Benue State on the ground of certificate forgery.]]>