and member representing Isoko Federal Constituency, have approached the
Federal High Court sitting in Abuja, to seek his immediate
disqualification from contesting a seat in the National Assembly in the
2019 elections, over allegations he forged the certificate he presented to
the Independent National Electoral Commission (INEC).
The suit, marked FHC/ABJ/CS/10/2019, was filed by Peter Enaruke, and has
the Peoples Democratic Party (PDP) as the first defendant, INEC as second
defendant and Leo Ogor as the third defendant.
The Originating Summons was brought pursuant to section 6(6), 36, 106(b)
and 107(I)(h) of the 1999 Constitution (As Amended), section 31(5) and (6)
of the Electoral Act, 2010 (As Amended), Order 3 of the Federal High Court
(civil procedure) rules, 2009 and under the inherent jurisdiction of the
Court.
The plaintiff claimed that the dates of working experience filled in the
2018 INEC Form CF001 and the educational qualification with dates in the
2014 INEC Form CF001, and certificates submitted by Ogor for the 2019
general election were false information and forged certificates.
Enaruke is seeking determination from the court on the following issues:
“Whether upon construction and interpretation of the constitutional
provisions of section 6(6), 36, 106(b) and 107(I)(h) of the 1999
constitution (As Amended), the 3rd Defendant, who swore on oath vide his
2018 INEC form C.F. 001 – affidavit in support of personal particular of
persons seeking election to the House of Representatives, Isoko
North/South federal constituency of Delta state, that he allegedly worked
with the Central Bank of Nigeria (CBN) from 1980-1982 (As against his
earlier affidavit in 2014 INEC form C.F. 001 wherein he stated that he
worked with Central Bank of Nigeria (CBN) from 1980-1981, has perjured and
presented false information and forged certificates, at least, as respects
his working experience with dates in the said 2018 INEC form 001.
“Whether upon construction and interpretation of the constitutional
provisions of section 6(6), 36, 106(b) and 107(I)(h) of the 1999
constitution (As Amended), the 3rd Defendant, who swore on oath vide his
2018 INEC form C.F. 001 – affidavit in support of personal particular of
persons seeking election to the House of Representatives, Isoko
North/South federal constituency of Delta State, that he allegedly
obtained his primary school leaving certificate in 1972 (as against his
earlier affidavit in 2014 INEC form C.F. 001 wherein he stated he obtained
his primary school leaving certificate from 1969-1974 has perjured and
presented false information and forged certificates, at least as respect
his educational qualification with dates in the said 2014 INEC form C.F.
001.
“If the answers to issues 1 and 2 are in the affirmative, Whether upon
construction and interpretation of the constitutional provisions of
section 6(6), 36, 106(b) and 107(I)(h) of the 1999 constitution (As
Amended), the 3rd Defendant stands automatically disqualified from
contesting the forthcoming 2019 general elections into the House of
Representatives, Isoko North/South federal constituency of Delta state,
slated for 16th, February, 2019 or any other date political party by
reason of the fact that the 3rd defendant has perjured and presented false
information and forged certificates, at least as respect his working
experience with dates in the said 2018 INEC form C.F. 001 and his
educational qualification with dates in the said 2014 INEC form C.F. 001
“If the answers to issue 3 above is in the affirmative, Whether this
Honourable Court can invoke its statutory powers under section 6(6), 36,
106(c) and 107(I)(h) of the 1999 constitution (As Amended), section 31 (5)
and (6) of the electoral act 2010 (As Amended) and other enabling laws in
that behalf, to issue an order disqualifying the 3rd Defendant from
contesting the forthcoming 2019 general elections into the House of
Representatives, Isoko North/South federal constituency of Delta state,
dated for 16th, February, 2019 or any other date thereabout on the
platform of the 1st Defendant or any other political party by reason of
the fact that the 3rd defendant has perjured and presented false
information and forged certificates, at least as respect his working
experience with dates in the said 2018 INEC form C.F. 001 and his
educational qualification with dates in the said 2014 INEC form C.F. 001.
Whereupon the plaintiff claims against the defendants jointly and
severally as follows:
“A declaration that by the virtue of the mandatory, constitutional and
statutory provision of section 6(6), 36, 106(c) and 107(I)(h) of the 1999
constitution (As Amended), the 3rd defendant, who swore on oath vide his
2014 INEC form C.F. 001 – affidavit in support of personal particular of
persons seeking election to the House of Representatives, Isoko
North/South federal constituency of Delta state, that he allegedly worked
with the Central Bank of Nigeria (CBN) from 1980-1981 (As against his
later affidavit in 2018 INEC form C.F. 001 wherein he stated that he
worked with Central Bank of Nigeria (CBN) from 1980-1982, has perjured and
presented false information and forged certificates, at least, as respects
his working experience with dates in the said 2014 INEC form 001.
“A declaration that by the virtue of the mandatory, constitutional and
statutory provision of section 6(6), 36, 106(c) and 107(I)(h) of the 1999
constitution (As Amended), the 3rd defendant, who swore on oath vide his
2014 INEC form C.F. 001 – affidavit in support of personal particular of
persons seeking election to the House of Representatives, Isoko
North/South federal constituency of Delta State, that he allegedly
obtained his primary school leaving certificate from 1969-1974 (as against
his later affidavit in his 2018 INEC form C.F. 001 wherein he stated that
he obtained his primary school leaving certificate, at least as respect
his educational qualification with dates in the said 2014 INEC form C.F.
001.
“A declaration that by the virtue of the mandatory, constitutional and
statutory provision of section 6(6), 36, 106(c) and 107(I)(h) of the 1999
constitution (As Amended), the 3rd defendant, stood automatically
disqualified ab initio from contesting the forthcoming 2015 general
elections into the House of Representatives, Isoko North/South federal
constituency of Delta state, held February, 2015 or any other date
thereabout on the platform of the 1st defendant or any other political
party, the 3rd defendant has perjured and presented false information and
forged certificates, at least as respect his working experience with dates
in the said 2018 INEC form C.F. 001 and his educational qualification with
dates in the said 2014 INEC form C.F. 001.”
The plaintiff is, therefore, seeking among other things an order setting
aside or nullifying forthwith the nomination of Leo Ogor as the candidate
of the Peoples Democratic Party (PDP).
“A perpetual injunction restraining the 1st and 2nd defendants either by
themselves, agents, privies, surrogates or any other person(s) whosoever
from parading, presenting, recognising, projecting, forwarding, accepting,
or dealing with the 3rd defendant in any manner however as the candidate
of the 1st defendant in contesting the forthcoming 2019 general elections.
“A perpetual injunction restraining the 3rd defendant either by
themselves, agents, privies, surrogates or any other person(s) whosoever
from parading, presenting, recognising, projecting, forwarding, accepting
or suffering his name to be forwarded to the 2nd defendant or dealing with
the 1st and 2nd defendants in any manner however as the candidate of the
1st defendant to represent the 1st defendant in the forthcoming 2019
general elections.”