Kinsmen Drag Reps Minority Leader To Court Over Certificate Forgery

Kinsmen on Leo Ogor, the Minority Leader of the House of Representatives and member representing Isoko Federal Constituency, have approached the Federal High Court sitting in Abuja, to seek his immediate disqualification, from contesting a seat in the National Assembly in the 2019 elections, over allegations of forged certificate presented to the Independent National Electoral Commission (INEC).

The plaintiff, Peter Enaruke, in a suit marked FHC/ABJ/CS/10/2019 has the Peoples Democratic Party (PDP) as the 1st defendant, INEC as 2nd defendant and Leo Ogor as the 3rd defendant.

The Originating Summons was brought pursuant to section 6(6), 36, 106(b) and 107(I)(h) of the 1999 Constitution (As Amended), section 31(5) and (6) of the Electoral Act, 2010 (As Amended), Order 3 of the Federal High Court (civil procedure) rules, 2009 and under the inherent jurisdiction of the Court.

The plaintiff claimed that the dates of working experience filled in the 2018 INEC Form CF001 and the educational qualification with dates in the 2014 INEC Form CF001, and certificates submitted by Ogor for the 2019 general election were false information and forged certificates.

Enaruke is seeking determination from the court on the following issues:

“Whether upon construction and interpretation of the constitutional provisions of section 6(6), 36, 106(b) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd Defendant, who swore on oath vide his 2018 INEC form C.F. 001 – affidavit in support of personal particular of persons seeking election to the House of Representatives, Isoko North/South federal constituency of Delta state, that he allegedly worked with the Central Bank of Nigeria (CBN) from 1980-1982 (As against his earlier affidavit in 2014 INEC form C.F. 001 wherein he stated that he worked with Central Bank of Nigeria (CBN) from 1980-1981, has perjured and presented false information and forged certificates, at least, as respects his working experience with dates in the said 2018 INEC form 001.

“Whether upon construction and interpretation of the constitutional provisions of section 6(6), 36, 106(b) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd Defendant, who swore on oath vide his 2018 INEC form C.F. 001 – affidavit in support of personal particular of persons seeking election to the House of Representatives, Isoko North/South federal constituency of Delta State, that he allegedly obtained his primary school leaving certificate in 1972 (as against his earlier affidavit in 2014 INEC form C.F. 001 wherein he stated he obtained his primary school leaving certificate from 1969-1974 has perjured and presented false information and forged certificates, at least as respect his educational qualification with dates in the said 2014 INEC form C.F. 001.

“If the answers to issues 1 and 2 are in the affirmative, Whether upon construction and interpretation of the constitutional provisions of section 6(6), 36, 106(b) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd Defendant stands automatically disqualified from contesting the forthcoming 2019 general elections into the House of Representatives, Isoko North/South federal constituency of Delta state, slated for 16th, February, 2019 or any other date political party by reason of the fact that the 3rd defendant has perjured and presented false information and forged certificates, at least as respect his working experience with dates in the said 2018 INEC form C.F. 001 and his educational qualification with dates in the said 2014 INEC form C.F. 001

“If the answers to issue 3 above is in the affirmative, Whether this Honourable Court can invoke its statutory powers under section 6(6), 36, 106(c) and 107(I)(h) of the 1999 constitution (As Amended), section 31 (5) and (6) of the electoral act 2010 (As Amended) and other enabling laws in that behalf, to issue an order disqualifying the 3rd Defendant from contesting the forthcoming 2019 general elections into the House of Representatives, Isoko North/South federal constituency of Delta state, dated for 16th, February, 2019 or any other date thereabout on the platform of the 1st Defendant or any other political party by reason of the fact that the 3rd defendant has perjured and presented false information and forged certificates, at least as respect his working experience with dates in the said 2018 INEC form C.F. 001 and his educational qualification with dates in the said 2014 INEC form C.F. 001.

Whereupon the plaintiff claims against the defendants jointly and severally as follows:

“A declaration that by the virtue of the mandatory, constitutional and statutory provision of section 6(6), 36, 106(c) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd defendant, who swore on oath vide his 2014 INEC form C.F. 001 – affidavit in support of personal particular of persons seeking election to the House of Representatives, Isoko North/South federal constituency of Delta state, that he allegedly worked with the Central Bank of Nigeria (CBN) from 1980-1981 (As against his later affidavit in 2018 INEC form C.F. 001 wherein he stated that he worked with Central Bank of Nigeria (CBN) from 1980-1982, has perjured and presented false information and forged certificates, at least, as respects his working experience with dates in the said 2014 INEC form 001.

“A declaration that by the virtue of the mandatory, constitutional and statutory provision of section 6(6), 36, 106(c) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd defendant, who swore on oath vide his 2014 INEC form C.F. 001 – affidavit in support of personal particular of persons seeking election to the House of Representatives, Isoko North/South federal constituency of Delta State, that he allegedly obtained his primary school leaving certificate from 1969-1974 (as against his later affidavit in his 2018 INEC form C.F. 001 wherein he stated that he obtained his primary school leaving certificate, at least as respect his educational qualification with dates in the said 2014 INEC form C.F. 001.

“A declaration that by the virtue of the mandatory, constitutional and statutory provision of section 6(6), 36, 106(c) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd defendant, stood automatically disqualified ab initio from contesting the forthcoming 2015 general elections into the House of Representatives, Isoko North/South federal constituency of Delta state, held February, 2015 or any other date thereabout on the platform of the 1st defendant or any other political party, the 3rd defendant has perjured and presented false information and forged certificates, at least as respect his working experience with dates in the said 2018 INEC form C.F. 001 and his educational qualification with dates in the said 2014 INEC form C.F. 001.”

The plaintiff is, therefore, seeking among other things an order setting aside or nullifying forthwith the nomination of Leo Ogor as the candidate of the Peoples Democratic Party (PDP).

“A perpetual injunction restraining the 1st and 2nd defendants either by themselves, agents, privies, surrogates or any other person(s) whosoever from parading, presenting, recognising, projecting, forwarding, accepting, or dealing with the 3rd defendant in any manner however as the candidate of the 1st defendant in contesting the forthcoming 2019 general elections.

“A perpetual injunction restraining the 3rd defendant either by themselves, agents, privies, surrogates or any other person(s) whosoever from parading, presenting, recognising, projecting, forwarding, accepting or suffering his name to be forwarded to the 2nd defendant or dealing with the 1st and 2nd defendants in any manner however as the candidate of the 1st defendant to represent the 1st defendant in the forthcoming 2019 general elections.”

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