A member of the House of Representatives representing Ndokwa/Ukwuani Federal Constituency in Delta State, Hon. Ossai Nicholas Ossai, has been dragged to a Federal High Court in Asaba by his constituents over an alleged forgery.
The Independent National Electoral Commission (INEC), Inspector General of Police and the Peoples Democratic Party (PDP) were joined as co-defendants in the suit.
The suit was filed on behalf of the constituents by Uche Collins Osamezu, Kingsley Oge, Ifeanyi Okonji, Aghanenu Monday and Nkechi Odigidawu.
In an affidavit in support of the suit deposed to by Ozamezu, it was averred that in his quest to win another term in the green chamber, Hon. Ossai lied on oath in his INEC form CF001 that he had never been indicted for fraud by a judicial commission of inquiry or any administrative panel of inquiry.
The deponent averred that the lawmaker intentionally withheld the information in respect of his arrest, investigation, indictment and arraignment for forging INEC result sheet during the 2011 National Assembly election.
“The 4th defendant (Hon. Ossai) knew very well that he was arrested and investigated by the 3rd defendant (PDP) sometimes in 2012 wherein statements were recorded from the 4th defendant and one, Mr. Chris Nwosu, the head of operation in the office of the 1st Defendant (INEC).
“That the aforesaid Chris Nwosu stated clearly in his statement to the police that the result sheet presented by the 4th defendant for unit 14 ward 9 of Ndokwa/Ukuani Local Government Area does not exist.
“That the 4th defendant knew very well that he was arrested, indicted and charged for forgery, uttering of false document, procuring execution of documents by false pretence and making document without authority in charge No. A/48c/2013, by the 2nd defendant (IGP),” the deponent further averred.
It was added that the charge was subsequently struck out for want of diligent prosecution and non-appearance of the lawmaker in court.
The plaintiffs want the court to order investigation into the circumstances that led to the striking out of the charge against the lawmaker.
This, they claimed would afford them the opportunity to determine whether Hon. Ossai is a fit and proper person to continue to represent them having won another term in office.
They are consequently seeking the following reliefs:
“A declaration that the 4th defendant lied on oath in his Independent National Electoral Commission Form CF001 when he declared on oath on the 15th day of October 2018 that he has never been indicted for fraud by a judicial Commission of Inquiry or any Administrative panel of Inquiry.
“A declaration that 4th defendant lied on oath when he declared on the 15th day of October 2018 that he has never presented any forged certificate to INEC.
“A declaration that the 4th defendant cannot validly continue at all material time to occupy the seat in the House of Representatives of Ndokwa/Ukwuani Federal Constituency of Delta State having got the position in a dishonest and fraudulent manner.
“An order directing the 2nd defendant to ensure that charge No. A/48c/2013 is being relisted and diligently prosecuted to a logical end.
“An order directing the 1st Defendant to forthwith withdraw the certificate of return issued to the 4th defendant for the seat of House of Representative in the Ndokwa/Ukwuani Federal Constituency.”
Practical Considerations to Negotiate an Enforceable Joint Operating Agreement in Civil Law Jurisdictions (Netherlands: Kluwer Law International, 2020) By Professor Damilola S. Olawuyi, LL. B (1st Class), BL (1st Class), LL.M (Calgary), LL.M (Harvard), DPhil (Oxford), Professor of Law and Deputy Vice-Chancellor, Afe Babalola University, Ado Ekiti, Nigeria, www.damilolaolawuyi.com. & Professor Eduardo G. Pereira, LL. B (Brazil), LL.M (Aberdeen), PhD (Aberdeen),www.eduardogpereira.com
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