The Peoples Democratic Party (PDP) has approached the Federal High Court sitting in Abuja with a suit seeking to disqualify Governor Mohammed Inuwa Yahaya of Gombe State from contesting the 2023 governorship election, following an allegation that he submitted forged certificates to the Independent National Electoral Commission, INEC.
The PDP, which lodged the suit alongside its gubernatorial candidate in the state, Muhammad Barde, equally prayed the court to disqualify Governor Yahaya’s deputy, Jatau Daniel.
The Plaintiffs, in the suit marked: FHC/ABJ/CS/1301/2022, alleged that while governor Yahaya tendered false certificates in aid of his qualification, with same published by the INEC on July 22, 2022, his deputy, Daniel, bears multiple names in all his educational certificates without any valid change of name attached to the Form EC-9 he submitted to INEC.
In the Originating Summons they filed through their team of lawyers led by Arthur Okafor, SAN, and Johnson Usman, SAN, the Plaintiffs, relied on series of Supreme Court decisions to contend that the governor and his deputy, having deposed to Forms EC-9 that contained forged certificates, they ought to be disqualified in line with sections 177(d) and 182(1J) of the 1999 Constitution, as amended.
Specifically, the Plaintiffs told the court that the name on the primary school certificate the deputy governor submitted to INEC was Manassah Jatau, while his West African examination Council School Certificate bore the name, Daniel Manassah J.
They further told the court that while Manassah Daniel Jatau was the name on the deputy governor’s University of Maiduguri Certificate, Daniel Manassah was the name on his National Youth Service Corp, NYSC, Certificate.
Likewise, Plaintiffs, told the court that governor Yahaya had in the Form EC-9 (Affidavit of personal particulars) he submitted to INEC, stated that he worked in Bauchi State Investment Company Limited in 1984 and A.Y.U & Co. Ltd between 1985 to 2003, as against what he deposed to in 2018 as working in Bauchi Investment Company Limited in 1985 and A.Y.U & Co. Ltd between 1980-1990.
“That Governor Yahaya, in 2018 while presenting his personal particulars in aid of his qualification to participate in the Gombe State Governorship election stated in his INEC FORM CF001 that he worked with A.Y.U & Co. Ltd from 1980 – 1990, while in 2022, the same 3rd Defendant stated in his INEC FORM EC-9 that he worked with A.Y.U. & Co Ltd from 1985 – 2003.
“That the Governor, by his INEC FORM CF001 has stated under oath that in 1980 -1990, he worked with A.Y.U. & Co Ltd, however, in 2022, the Governor stated again on oath via his INEC FORM EC-9 that he worked with the same A.Y.U. & Co. Ltd from 1985 – 2003”.
According to the Plaintiffs, the deputy governor who claimed to have worked with the Nigeria Army from August 1979 to July 1980, submitted an NYSC discharge certificate that stated that he commenced his National Youth service in August 1979 and completed same in July 1979.
The Plaintiffs drew attention of the court to paragraph D of the Deputy Governor’s INEC Form EC-9, wherein he claimed to have worked with the Nigerian Army from July 1979 till August 1980 and his reason for leaving in July 1980, was for the National Youth Service.
PDP and its candidate stressed that whereas the deputy governor’s INEC FORM EC-9 showed that he commenced his NYSC after he left the Nigeria Army in July 1980, however, the NYSC Certificate he submitted to INEC indicated that he commenced his NYSC in August 1979 and ended same in July 1979.
The Plaintiffs argued that FORM EC-9, being an affidavit on oath, both the Governor and his Deputy, are therefore not qualified to contest the election.
They are, among other things, praying the court to determine; “Whether in view of the clear and unambiguous provisions of Sections 177(d) and of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), read together with the extant provisions of the National Youth Service COIPS (NYSC) Act and Bye Laws as well as Section 84(3) AND (13) of the Electoral Act 2022, the decision of the Ist Defendant to have published the names of the 3rd and 4th Defendants as candidates or flagbearers of the 2nd Defendant to take part or otherwise contest in any and/or all the stages of elections into the office of Governor and Deputy Governor of Gombe State in the 2023 Governorship elections in Gombe State having presented or submitted forged certificate or forged deposition on oath to the 1st Defendant; is not wrongful, illegal or unlawful”.
Aside from the governor and his deputy, INEC and the APC were also cited as Defendants in the matter.
Meanwhile, no date has been fixed for the matter to be heard.