Court to hear certificate forgery lawsuit against Tinubu

court to hear certificate forgery lawsuit against tinubu
court to hear certificate forgery lawsuit against tinubu

A Federal High Court in Abuja will hear a case on September 7 in which Bola Ahmed Tinubu, the All Progressives Congress (APC) presidential candidate, is accused of providing a falsified certificate in order to be disqualified from running in the 2023 elections.

They requested an injunction disqualifying Tinubu from participating in the 2023 presidential election as a candidate of the All Progressives Congress (APC) because he provided inaccurate information to INEC as its presidential candidate. The Plaintiffs are four APC leaders.

The plaintiffs in the suit cited a 33-paragraph affidavit by Ibiang Miko Ibiang in which they claimed that Tinubu falsely swore to an affidavit in 1999 in which he claimed to have attended St. Paul Aroloya Children Home School, Ibadan -1958-64 and Government College, Ibadan -1965-68 and presented the same to INEC.

After this turned out to be false, they also claimed that Tinubu sought to cover this up by omitting any information about the schools he attended in his INEC form for the 2023 election.

As the plaintiff’s lawyer Goddy Uche explained, no one has been able to serve presidential contender Barack Obama since he cannot be located.

Judgment was given by Justice Ahmed Mohammed, who directed serving of court papers on APC’s national secretariat and determined that Bola Tinubu had been properly served with them.

He deferred the case until September 7 at the earliest. The following questions had been raised by the plaintiffs for resolution:

Whether having regard to the provision of sections 1 (3); 4(1)and 2; 14(1),(2)(a), and (c)and 42(1)(a)and (b) of the Constitution of the Federal Republic of Nigeria,1999 (as amended), the provision of section 29(5)of the Electoral Act, 2022 as enacted by the 4th Defendant which modified the provision section 31(5) of the Electoral Act,2010(as amended) is not ultra vires the 4th Defendant and therefore unconstitutional, null, void and of no effect whatever.

Whether having regard to the decision of the Supreme Court in the case Modibbo Vs Usman (2020) 3 NWLR(PT.1712)470 and the provision of section 137(1)(j) the 3rd Defendant has not presented a forged certificate to the Independent National Electoral Commission (INEC) the 1st Defendant and thereby disqualified from participating in the forthcoming 2023 Presidential General Election.

They also prayed that upon the favourable determination of the above questions, for the  following reliefs:

A declaration of the Court that the provision of section 29(5) of the Electoral Act,2022 is ultra vires the 4th Defendant and unconstitutional, null, void, and of no effect whatsoever.

An order of the Court striking out/striking down the provision of section 29(5) of the Electoral Act 2022 from the Electoral Act and the body of extant laws of the Federal Republic of Nigeria same being ultra vires the 4th and 5th Defendants, unconstitutional, null, void and of no effect whatsoever.

A declaration that the 3rd Defendant has presented a forged certificate to the Independent National Electoral Commission for the purpose of seeking to be elected into the office of President of the Federal Republic of Nigeria.

A declaration that the 3rd defendant stands disqualified from participating in the 2023 presidential election as a candidate of the 2nd Defendant has presented a forged certificate to the Independent National Electoral Commission for the purpose of seeking to be elected into the office of the President of the Federal Republic of Nigeria.

An order disqualifying the 3rd Defendant from contesting or participating in the forthcoming 2023 Presidential general election as a candidate of the 2nd Defendant.
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