Court Dismisses PDP Fake Certificate Case Against Kwara Governor
The Federal High Court in Abuja on Thursday dismissed a false certificate case filed by the People's Democratic Party (PDP) against Abdulrahman Abdulrasaq, Governor of Kwara State.
Inyang Ekwo, the judge, ruled that the lawsuit was an abuse of legal process.
"Once a court is satisfied that the proceeding before it constitutes an abuse of process, the court has the right, indeed the duty, to invoke its coercive powers to punish the party who abuses its process. "
“That power can often be exercised by a dismissal of the action which constituted the abuse. I am therefore making an order dismissing this case for abuse of legal process,” the judge said.
He also ruled that the court lacked jurisdiction to hear the lawsuit.
The PDP had sued the Independent National Electoral Commission (INEC), Mr. Abdulrasaq and the All Progressives Congress (APC).
In the lawsuit marked FHC/ABJ/CS/1324/2022, the PDP had prayed that the governor and the APC would be disqualified from the 2023 gubernatorial election due to the alleged nomination of a fake certificate from the West African Examination Council (WAEC) to get the appointment.
The party also requested a court order requiring INEC to strike Mr. Abdulrazak's name and the APC from those authorized for the general elections.
In his judgment, Mr. Ekwo upheld the preliminary objection to the lawsuit filed on behalf of the Governor by his attorney, Lateef Fagbemi, Senior Advocate for Nigeria (SAN).
The judge agreed with Mr Fagbemi that the alleged certificate falsification and perjury were raised in another action in 2019 by former PDP gubernatorial candidate Rasaki Atunwa, who was tried and dismissed by another judge, Bassey Ikpeme, for being worthless and without merit.
Mr. Ekwo argued that the PDP had no right to contest the primary election which produced Mr. Abdulrasaq as the APC gubernatorial candidate because he was not a candidate in the primary election. /p>
The judge further agreed with Mr. Fagbemi that the PDP was an unwelcome and intrusive intruder because he had no right to meddle in the internal affairs of the APC.
The new PDP complaint was filed on its behalf by Paul Erokoro, a SAN.
The court was asked to invoke sections 171 and 285 of the 1999 constitution as well as section 29 of the electoral law to nullify the governor's planned participation in the upcoming elections.
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The Federal High Court in Abuja on Thursday dismissed a false certificate case filed by the People's Democratic Party (PDP) against Abdulrahman Abdulrasaq, Governor of Kwara State.
Inyang Ekwo, the judge, ruled that the lawsuit was an abuse of legal process.
"Once a court is satisfied that the proceeding before it constitutes an abuse of process, the court has the right, indeed the duty, to invoke its coercive powers to punish the party who abuses its process. "
“That power can often be exercised by a dismissal of the action which constituted the abuse. I am therefore making an order dismissing this case for abuse of legal process,” the judge said.
He also ruled that the court lacked jurisdiction to hear the lawsuit.
The PDP had sued the Independent National Electoral Commission (INEC), Mr. Abdulrasaq and the All Progressives Congress (APC).
In the lawsuit marked FHC/ABJ/CS/1324/2022, the PDP had prayed that the governor and the APC would be disqualified from the 2023 gubernatorial election due to the alleged nomination of a fake certificate from the West African Examination Council (WAEC) to get the appointment.
The party also requested a court order requiring INEC to strike Mr. Abdulrazak's name and the APC from those authorized for the general elections.
In his judgment, Mr. Ekwo upheld the preliminary objection to the lawsuit filed on behalf of the Governor by his attorney, Lateef Fagbemi, Senior Advocate for Nigeria (SAN).
The judge agreed with Mr Fagbemi that the alleged certificate falsification and perjury were raised in another action in 2019 by former PDP gubernatorial candidate Rasaki Atunwa, who was tried and dismissed by another judge, Bassey Ikpeme, for being worthless and without merit.
Mr. Ekwo argued that the PDP had no right to contest the primary election which produced Mr. Abdulrasaq as the APC gubernatorial candidate because he was not a candidate in the primary election. /p>
The judge further agreed with Mr. Fagbemi that the PDP was an unwelcome and intrusive intruder because he had no right to meddle in the internal affairs of the APC.
The new PDP complaint was filed on its behalf by Paul Erokoro, a SAN.
The court was asked to invoke sections 171 and 285 of the 1999 constitution as well as section 29 of the electoral law to nullify the governor's planned participation in the upcoming elections.
Support the integrity and credibility journalism of PREMIUM TIMES Good journalism costs a lot of money. Yet only good journalism can guarantee the possibility of a good society, an accountable democracy and a transparent government. For free and continued access to the best investigative journalism in the country, we ask that you consider providing modest support to this noble endeavour. By contributing to PREMIUM TIMES, you help sustain relevant journalism and keep it free and accessible to everyone.Donate
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