Certificate Forgery Case: Hearing Of APC’s Suit On Obaseki Continues Today

The Federal High Court Abuja, has adjourned the alleged certificate forgery case of the All Progressives Congress (APC) against Gov. Godwin Obaseki of Edo until Dec. 30.

At the resumed hearing on Tuesday, the APC through its counsel, Mr Akin Olujimi, SAN, attempted to tender some documents in evidence through a subpoenaed witness.

The PDP and Obaseki, however, objected to the tendering of the documents on the grounds that the process did conform with the laws guiding admissibility of documents.

Obseki’s counsel, Mr Ken Mozia, SAN, added that there was no evidence of payment for the documents.

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The judge, Justice Ahmed Mohammed, however, admitted the document, an INEC form EC9 in evidence, as exhibit PL2.

Justice Mohammed admitted the document on the grounds that it was relevant to the case.

Earlier, the judge held that the fact that the process of tendering the document was not properly complied with, was not enough reason for it to be rejected.

He stated that the way out of the situation was for the witness to be cross examined by the defendants.

According to him, without the form EC9, “the whole case would collapse like a pack of cards.”

On the issue of payment, the judge also noted that the Certified True Copy (CTC) sought to be tendered was brought at the instance of the court as an official body and as such, the court could not be required to pay for the document.

“Objection is overruled” he said, “counsel are free to cross examine the witness”.

The APC then called its third witness, Mr Emmanuel Balogun, an Associate Professor, in the Department of Economics, University of Lagos to give his evidence.

The defence team also objected to the witness giving his evidence on the grounds that the procedure for calling a subpoenaed witness, including service was not followed.

In a short ruling, the judge allowed the witness to give his evidence, noting that the lapses complained by Obaseki and PDP lawyers were on the part of the court and not the plaintiff.

Justice Mohammed subsequently adjourned the matter untill Dec. 30 for the plaintiff s to close their case and for the defence to open theirs.

The APC and one of its chieftains, Mr Williams Edobor dragged Obaseki to court over allegations that he forged a University of Ibadan degree certificate which he used in securing his candidacy for the September governorship election in Edo.

Meanwhile, the Federal High Court Abuja, on Tuesday, struck out a suit filed by the Peoples Democratic Party (PDP) seeking Osagie Ize-Iyamu’s disqualification from the Sept. 19 governorship election in Edo.

Delivering judgment, Justice Ahmed Mohammed, struck out the suit on grounds that it had become academic.

The judge also said that he saw no legal benefit that would accrue to the plaintiff if the suit succeeded.

The PDP had dragged the Independent National Electoral Commission (INEC), the All Progressives Congress (APC) and Ize-Iyamu to court praying for an order disqualifying Ize-Iyamu from the elections on the grounds that he was unlawfully nominated by APC.

The PDP alleged that he was unlawfully nominated because APC did not conduct proper primaries to nominate candidates for the Sept. 19 election in Edo.

The party based its allegation on the grounds that Mr Adams Oshiomohle, who conducted the “purported” primaries that nominated Ize-Iyamu was no longer national chairman of the party and had no right to conduct the primaries.

The PDP held that the APC, having failed to conduct a valid primary election, was not entitled to participate in the election.

Objecting to the suit, the APC held that the election had already been conducted and the candidate of the PDP had won the election.

The APC also submitted that it had not challenged the outcome of the election, neither did it petition the winners at the election petition tribunal.

On the last adjourned date, Mrs Wendy Kuku, arguing on behalf of INEC, had urged the court to dismiss the suit for lacking in merit.

Similarly, counsel to the APC, Mr Akinlolu Kehinde, SAN, had prayed the court to dismiss the suit on the grounds that the suit was tantamount to “Mr A taking panadol for Mr B’s headache’’.

Ize- Iyamu’s counsel, Roland Otaru (SAN) had also prayed the court to dismiss the suit on the grounds that it had become academic since the election had already been conducted and won by Gov. Godwin Obaseki.