….as court dismisses PDP’s suit against Ize-Iyamu

By Ikechukwu Nnochiri, Abuja

The Independent National Electoral Commission, INEC, on Tuesday, tendered in evidence before the Federal High Court in Abuja, the nomination form Governor Godwin Obaseki filled and submitted for the purpose of the governorship election that held in Edo State on September 19.

Justice Ahmed Mohammed admitted and marked the document known as Form EC9, along with other attachments that accompanied it, as Exhibit PL-2.

He dismissed objection the Peoples Democratic Party, PDP, raised to query the admissibility of the document which INEC was summoned to produce before the court in the forgery case the All Progressives Congress, APC, instituted against Obaseki.

The APC had in the suit it jointly filed with one of its members in Edo, Mr Williams Edobor, alleged that Obaseki forged the University of Ibadan degree certificate he submitted to INEC in aid of his qualification for the election.

In the suit marked FHC/B/CS/74/2020, the Plaintiffs equally alleged that there were discrepancies in the subjects that Obaseki claimed he passed in his West African Examination Council (WAEC) exam and subjects in his testimonial.

Consequently, they are praying the court to declare that Obaseki’s claim in his INEC form EC9 at column C, sworn to on June 29, 2020, at the Federal Capital Territory High Court Registry to the effect that he obtained from the University of Ibadan in 1979, a Bachelor of Arts Degree in Classical Studies is false and contrary to Section 31 (5) and (6) of the Electoral Act, 2010.

As well as an order declaring that Obaseki lied on oath when he swore to an affidavit on June 29, 2020, that he worked in Afrinvest Limited from 1994 to 2014 when he retired.

Meanwhile, at the resumed hearing of the case on Tuesday, following a subpoena that was issued against it on December 23, INEC, produced a Certified True Copy, CTC, of Obaseki’s nomination form, through one of its legal officers, Mr Samuel Omale.

Obaseki’s lawyer, Mr Ken Mozia, SAN, and that of the PDP, Mr Razaq Isenalohme, had insisted that Omale who appeared as the second principal witness in the case, PW-2, lacked the capacity to tender the document in evidence.

They argued that under the rules of the court, the INEC official was not supposed to be sworn on oath before the court since he was merely subpoenaed to produce documents and not to tender them as a witness in the matter.

Mozia, SAN, argued that the PW-2 did not file a written witness deposition as required by Order 20 Rule 3 of the Federal High Court Rules, adding that the documents were not duly certified as prescribed by the Evidence Act.

“My lord, ex-facia from the document, there is no proof of payment as mandatorily required by section 104 (1) of the Evidence Act”, he added.

Similarly, PDP’s lawyer, Mr Razaq, argued that the Exhibit sought to be tendered was a computer-generated document that was downloaded from INEC’s website, contending that it did meet the requirement of section 84 of the Evidence Act.

He said since it was computer-generated, there ought to have been a certificate that was attached to it.

On its part, INEC, which is the 3rd Defendant in the suit, through its lawyer, Mr M. A. Bawa, said it was not opposed to the admissibility of the document.

Responding, counsel to the Plaintiffs, Chief Akin Olujimi, SAN, urged the court to dismiss the objections.

“I agree that when a witness is subpoenaed to produce a document pursuant to section 219 of the Evidence Act, that such a person does not become a witness by the mere fact that he produced the document and cannot be cross-examined, unless and until he is called as a witness.

“However, the mere fact that a witness was sworn on oath in error does not derogate from the fact that he was merely subpoenaed to produce a document and cannot be subjected to a cross-examination”, Olujimi submitted.

The Plaintiffs’ counsel said in the interest of justice, he would not object to the court allowing the Defendants to cross-examine the PW-2, stressing that the document INEC was subpoenaed to produce, was already pleaded by all the parties in the matter.

“There is no element of surprise here because both the Plaintiff, the 1st and 2nd Defendants are also seeking to rely on this same document.

“This is an official document in the custody of the 3rd Defendant (INEC), to whom it was submitted to by the 1st Defendant.

“INEC is the 3rd Defendant in this case. There is no way I can ask an adverse party to come and make a statement on oath. The only way to bring him before your lordship is by an order compelling him to appear before this court”, he added.

He equally denied that the document was downloaded from a website.

In his ruling, Justice Mohammed noted that though the PW-2 was not supposed to be sworn on oath, he held that the document sought to be tendered was “very relevant and should not be rejected on the ground that there was an error in the manner it was produced by the witness”.

Justice Mohammed held that since a substantial part of the suit centred on the Form EC9, it made the document very relevant.

“In fact, without the Form EC9, this case will collapse like a pack of cards”, the Judge held, adding that the Defendants were at liberty to cross-examine the witness.

While under cross-examination, the PW-2, told the court that in line with COVID-19 protocols, the Form EC9 was published online for candidates to download, fill and upload on INEC’s website.

Asked if the copy he tendered before the court was downloaded from the website, the witness said: “This is a copy from the file that we have it in our custody. It is also part of what the 2nd Defendant filled and submitted online”.

Meantime, in a separate judgement, Justice Mohammed, dismissed the suit PDP filed to disqualify APC’s candidate, Pastor Osaze Ize-Iyamu, from participating in the Edo State governorship election.

The court held that the suit had turned to an academic exercise since the crux of the action was to stop Ize-Iyamu from participating in the election that had since been held and won by the PDP and its candidate, Obaseki.

PDP had in the suit marked FHC/ABJ/ CS/69/20, contended that Ize-Iyamu was not a product of a valid primary election.

It told the court that the indirect primary election that produced Ize-Iyamu was conducted by the Adams Oshiomhole- led executives of the APC, at a time they were already sacked by a High Court of the Federal Capital Territory, with the decision affirmed by the Court of Appeal

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https://www.vanguardngr.com/2020/12/edo-gov-dispute-inec-tenders-obasekis-nomination-form-in-evidence/amp/?utm_source=&utm_medium=twitter&__twitter_impression=true

More*****

Alleged certificate forgery: Court adjourns APC’s suit against Obaseki until Dec 30


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 the admissibility of documents.

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

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 is 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 until 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.

Vanguard News Nigeria

https://www.vanguardngr.com/2020/12/alleged-certificate-forgery-court-adjourns-apcs-suit-against-obaseki-until-dec-30/amp/

APC and kangaroo judgment are like 5 and 6. they are always looking for back door entry

Okay

Wahala

Obaseki will still won. APC will lost this case.

I will kept tolding people that Edo was not Lagos.

Obaseki must won

Abeg, lawyers dey try. Reading that epistle up there is like hiking olumo rock

Fahdiga1:
APC and kangaroo judgment are like 5 and 6. they are always looking for back door entry

Like the one of Bayelsa and Zamfara abi?

Oshiomole, Tinubu and the president wants to remove obaseki by fire by force with the help of Mr technicality. If you know you know.

Fahdiga1:
APC and kangaroo judgment are like 5 and 6. they are always looking for back door entry

PDP got backdoor victory in Bayelsa and Zamfara and heaven did not fall. If the court do APC the same Favour, heaven will still not fall.

Instead of trying to denigrate the court over a judgement that has not been entered, tell Obaseki and Shaibu to go and present their original certificates in court. Nothing else would save them.

Obasek is gone already he knows, case closed

I pity APC and oshomole, what is all this nonsense sef. The university said he graduated from the school now they are looking at his form to find out if he spelt "english" as "inglish". I hope olujimi losses tgis case to serve as deterent to lawyers who look for weak links and compromised lordships to to favour their clients.

It seems obaseki reneged in his deal with the presidency to come back to APC after backing in him against osho and Edo Apc.
The way this case is been rushed with a speed of light has presidency hand written allover it.

Obaseki is even trying to remove ize iyamu from the suit so that he won't benefit incase court disqualify him

Osho and his foot soilders reneged his agreement with presidency to allow obaseki finish his second term, he received koboko from presidency in the day of election.

If obaseki also reneged in his agreement with presidency he will also receive bulala from buhari las las ize iyamu will have the last laugh

ogmask:
I pity APC and oshomole, what is all this nonsense sef. The university said he graduated from the school now they are looking at his form to find out if he spelt "english" as "inglish". I hope olujimi losses tgis case to serve as deterent to lawyers who look for weak links and compromised lordships to to favour their clients.

Stop spoken so much grammar i support obaseki, let him invite the university to come and testify in court, then tender his original certificate.

Lets stop spoken trash online. Let obaseki defends himself and moves on.

Fahdiga1:
APC and kangaroo judgment are like 5 and 6. they are always looking for back door entry

Guy,stop disgracing yourself here.you always talk out of point.how can you see wrong and call it right

This thing is getting messier. I hope obaseki triumphs

ORIENTATION101:
It seems obaseki reneged in his deal with the presidency to come back to APC after backing in him against osho and Edo Apc.
The way this case is been rushed with a speed of light has presidency hand written allover it.

Obaseki is even trying to remove ize iyamu from the suit so that he won't benefit incase court disqualify him

Osho and his foot soilders reneged his agreement with presidency to allow obaseki finish his second term, he received koboko from presidency in the day of election.

If obaseki also reneged in his agreement with presidency he will also receive bulala from buhari las las ize iyamu will have the last laugh

From what a read there,its a fatal blow to pdp and obaseki.cc fergie,eriokanmi, ejimatic

Mayng01:
This thing is getting messier. I hope obaseki triumphs

I see him failing

Confirmedzombie:


Stop spoken so much grammar i support obaseki, let him invite the university to come and testify in court, then tender his original certificate.

Lets stop spoken trash online. Let obaseki defends himself and moves on.

Stop quoting me if you have nothing sensible to say.

UI authorities have the final say on this issue. Until Ul Exams & Record Department denies Obaseki Certificate, then, APC can now celebrate.but if not, Obaseki will win the case. Obaseki fate depends on UI verdict

KoleDgreat2020:
UI authorities have the final say on this issue. Until Ul Exams & Record Department denies Obaseki Certificate, then, APC can now celebrate.but if not, Obaseki will win the case. Obaseki fate depends on UI verdict

Let Obaseki invite the exams and records office or the registrar as witness and this ends the case.

ORIENTATION101:
It seems obaseki reneged in his deal with the presidency to come back to APC after backing in him against osho and Edo Apc.
The way this case is been rushed with a speed of light has presidency hand written allover it.

Obaseki is even trying to remove ize iyamu from the suit so that he won't benefit incase court disqualify him

Osho and his foot soilders reneged his agreement with presidency to allow obaseki finish his second term, he received koboko from presidency in the day of election.

If obaseki also reneged in his agreement with presidency he will also receive bulala from buhari las las ize iyamu will have the last laugh

you are slow as hell. Oshiomole negotiated this case with his chairmanship case with the presidency cabals, that's why he withdrew the chairmanship case in court. Apc has not problem, they have even drove the fake party chairman in Edo state out, that's last two weeks ago. Try to catch up.

It's two late for obaseki to negotiate and come back since judgement his due early January.

Who do you think the cabal will side with, oshiomole or obaseki?

Confirmedzombie:


Stop spoken so much grammar i support obaseki, let him invite the university to come and testify in court, then tender his original certificate.

Lets stop spoken trash online. Let obaseki defends himself and moves on.

even that won't save him. The problem is did he summit fake and Forged result or not??.

It's funny seeing how pdp lawyer is trying to stop inec from submitting obaseki certificate as evidence.

His challenge is not even whether he graduated. The case is about forgery at 2 different occasions he presented 2 different degree certificates to once obviously one was forged. The affidavit sworn to back up his ssce result was disowned by the federal high court Abuja that’s the forgery case he has

Confirmedzombie:


Stop spoken so much grammar i support obaseki, let him invite the university to come and testify in court, then tender his original certificate.

Lets stop spoken trash online. Let obaseki defends himself and moves on.

KoleDgreat2020:
UI authorities have the final say on this issue. Until Ul Exams & Record Department denies Obaseki Certificate, then, APC can now celebrate.but if not, Obaseki will win the case. Obaseki fate depends on UI verdict

let's see how Exam and record department will reconcile two different certificates issued consecutively in 1976 and 1979 before the court of law.

KoleDgreat2020:
UI authorities have the final say on this issue. Until Ul Exams & Record Department denies Obaseki Certificate, then, APC can now celebrate.but if not, Obaseki will win the case. Obaseki fate depends on UI verdict

No, you are wrong man. Is a case of certificates forgery. What he presented in 2016 was different from what was presented in 2020 to INEC

Ok

Ok

kaylardz:

let's see how Exam and record department will reconcile two different certificates issued consecutively in 1976 and 1979 before the court of law.

Not two different certificates.He swore an affidavit in 2016 that his results certificate was missing.He however got the date of graduation on the affidavit wrong.No certificate was submitted in 2016.

wwwihy:

No, you are wrong man. Is a case of certificates forgery. What he presented in 2016 was different from what was presented in 2020 to INEC

Exactly the issue, submitting two different certificates from the same school at different election dates (2016 and 2020), I hope he scale through these but it was a huge error on Obaseki's path though Osho was the same person that advised him to go ahead in 2016, as per APC chairman then,unto say "nothing" go happen.