The Abuja Division of the Federal High Court, will on Wednesday, pay attention a in shape looking for to disqualify Governor Nyesom Wike from participating within the coming near near governorship election in Rivers State, over an allegation that his beginning certificate changed into solid
Justice Inyang Ekwo directed the service of listening to note at the Independent National Electoral Commission, INEC, Governor Wike and the Peoples Democratic Party, PDP, who have been indexed as Defendants within the suit marked FHC / ABJ / CS /1430/3018, which was filed via one Mr. Elvis Chinda. The plaintiff, alleged that the certificates of start Wike connected to the Form C. F. 001, which he submitted to INEC on November 2, 2018, for clearance to participate within the 2019 general election, changed into solid.
He advised the courtroom that the certificates titled “Statutory Declaration of Age”, connected to Wike’s Form C.F.001, and purportedly deposed to on October three, 1986, via one Collins Nyeme Wike had claimed that Nyesom Wike on the time of deposition, became a local of Rumuepirikom in Obio / Akpor Local Government Area of Rivers State According to the Plaintiff, “As at third October 1986, there was no nearby Government Area known as Obio /Akpor Local Government Area in lifestyles in Rivers State. “As at 1986, Rumuepirikom became no longer in Obio /Akpor Local Government Area of Rivers State , however in Port Harcourt Local Government Area of Rivers State being the parent LGA from wherein Obio /Akpor Local Government Area changed into carved out”. He instructed the courtroom that Obio /Akpor Local Government Area of Rivers State turned into created in 1989 by way of Decree No 12 of 1989, years after the alleged forgery become dedicated. “That the certificates of start ( Statutory Declaration of Age) turned into purported sworn to and issued at the High/Magistrate’s Court Registry, Port Harcourt but allegedly bears stamp of the Judiciary Probate Registry ,Port Harcourt. “There was no Court Registry, whether in 1986 or later on called High/Magistrate Court Registry Port Harcourt. No such Registry existed or exists any in which in Port Harcourt or Rivers State”. Plaintiff said the forged certificate of beginning misled INEC into believing that Wike had a actual start certificates that confirmed his alleged date of birth given as 13th March1963. The alleged that Wike offered the unreal start certificate to hold consistency and coverup falsehood and lies, which he started in 1998. He said the coverup, “started in 1989, whilst Wike expressed desire to contest for the local chairmanship of Obio/ Akpor Local Government Area Council election in Rivers State which INEC had constant 35 years age for eligibility. “Wike was 30 years of age then and ineligible for that election. In order to qualify for that election, he forged the Certificate of delivery now in rivalry. He has used it in next elections.”
The plaintiff argued that INEC, “is not in a position legally to disqualify Wike from contesting the governorship election except the court gave an order disqualifying him for the breach of Section 182 (1) (j) of the Constitution of Federal Republic of Nigeria”. Consequently, he’s praying the court docket to amongst other matters, determine: “Whether the certificate of Birth titled Statutory Declaration of Age deposed to with the aid of one Collins Nyeme Wike purportedly sworn to on 3rd October 1986 on the High/ Court Magistrate’s Court Registry, Port Harcourt lied about/against itself and contained falsehoods. As well as, “Whether through the blended provisions of segment 182(1)(i ) and 1 (1) & (2)of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the 2d defendant should be disqualified and declared ineligible to contest the 2019 governorship election in Rivers state made pursuant to the Constitution of the Federal Republic of Nigeria 1999 (as amended). In a 39 paragraphs affidavit in assist of the originating summons, Elvis Chinda said that he’s aware that the Constitution of the Federal Republic of Nigeria disqualified any man or woman searching for election into the office of the Governor, who supplied a solid certificates to the Independent National Electoral Commission (INEC)”.
He is similarly seeking, “A statement that the Certificate of Birth titled Statutory Declaration of Age deposed to by using one Collins Nyeme Wike purportedly sworn to on third October 1986 on the High/ Court Magistrate’s Court Registry, Port Harcourt and offered by (Gov Wike)the second Defendant to (INEC) the first Defendant on the 25th December 2014 for the motive of the 2015 General Governorship Election in Rivers State changed into cast. “A announcement that, the information contained within the Affidavit Form C.F. 001 deposed to via second Defendant at the 29th October 2018 and supplied to the (INEC)1st Defendant on the 2nd November, 2018 for the reason of the 2019 Governorship Election in Rivers State was false.
“A announcement that via the provisions of segment 182(1)(i) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)/,(Wike) the 2nd defendant isn’t always qualified or eligible to contest and participate inside the 2019 Governorship election in Rivers State or every other such election, having supplied a forged certificate to (INEC) the first defendant. “An order of the Court directing the disqualification of (Wike) the 2d defendant from contesting or holding out himself for the 2019 General Governorship election in River State or some other elections made pursuant to the Constitution of the Federal Republic of Nigeria , 1999, (as amended) having offered a solid certificates to the first defendant.
Likewise, “An order of perpetual injunction restraining INEC, the 1st defendant from receiving or accepting from (PDP),the third defendant or any other individual any nomination of the 2nd defendant , from processing such nomination, or from presenting Wike the 2nd defendant on poll, in admire of the2019 Governorship Election or another elections made pursuant to the Constitution of the federal Republic of Nigeria.