Politics
Alleged Certificate Forgery: PDP Drags Gombe Governor, Deputy To Court
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.
The president made the assertion on Wednesday in Abuja during a news conference organised by the association ahead of the NBA Section on Legal Practice’s (NBA-SLP) annual conference.
According to Mr Osigwe, the problem in Rivers State was caused by the ego of the principal actors in refusing to sit down to find a solution that works for the people of Rivers.
“Blaming the Supreme Court or any other body will not solve the problem. If the actors had placed Rivers above their own personal interests and cared about the security and welfare of the people, we would not be where we are. It became an ego fight and an issue of who wins. So, ego is at the base of the problem in Rivers and not the Supreme Court.
“People get judgements from the court and still decide to go for an amicable solution, so it is not the judgement of the Supreme Court but the principal actors that are to be blamed,’’ Mr Osigwe said.
He added that while the NBA was not in a legal argument with the president, the association was of the view that some of the actions taken might not be supported by the constitution.
“We are of the opinion that Section 305 of the 1999 Constitution cannot be read in isolation from Section 11 of the same constitution. There have been killings in many states in Nigeria and much more breakdown of law and order than we have seen in Rivers but no state of emergency was declared in those states. We are of the view that the problem in Rivers can be solved by the principal actors swallowing their egos and putting the welfare and security of the people of Rivers above their personal interests.
“This declaration may not solve the problem in Rivers and it worries me that an administrator can be appointed and worse still, a retired military officer to administer the state. It is unconstitutional and should not be supported because we may be setting a dangerous precedence,’’ Mr Osigwe said.
Earlier, the Chairman of the Conference Planning Committee, Paul Harris Ogbole, (SAN), said that the theme for the 2025 NBA-SLP Conference was “Uncommon challenges in a rapidly changing legal environment.’’
Mr Ogbole said the conference aimed to explore the contemporary challenges evolving in the legal environment.
He said they would also explore the impact of global interconnectedness on legal systems, the growing demand for specialised legal services and provide insights into navigating the legal frontiers.
The conference will also highlight great opportunities for legal practitioners including the development of legal technological solutions, the expansion of alternative dispute resolution mechanisms and the increasing focus on access to justice and legal empowerment.
The conference will hold in Jos from April 24 to April 27.
The president also cited the destruction of pipelines by suspected militants as a contributing factor to the declaration.
However, Anabs Sara-Igbe, a chieftain of the Pan Niger Delta Forum, disagreed with the president’s action on the emergency rule.
He stated that all avenues for mediation should have been exhausted before resorting to an emergency rule.
“President Tinubu’s invocation of Section 305 of the Nigerian Constitution at this time is inappropriate. The president claims to have declared a state of emergency to restore peace, but the real question is: why is the FCT minister Nyesom Wike, the key figure in the crisis, not suspended?”, he queried.
Chief Sara-Igbe said the president’s suspension of Rivers’ elected officials from office was unconstitutional.
“Unlike in Sokoto, Borno, and other northern states, there is no war or loss of lives in Rivers that warrants the declaration of emergency rule in a peaceful state,’’ Chief Sara-Igbe explained.
He, however, accused the president of not being sincere with the people of Rivers State and had taken sides in the crisis through his actions and comments.
Ann-Kio Briggs, a prominent environmental and human rights activist, also decried President Tinubu’s justification for the emergency declaration, particularly his claim that Gov Fubara failed to brief him or condemn the pipeline explosions.
She stated that Gov Fubara had, on multiple occasions, informed the president of developments in the state.
“On March 11, PANDEF met with the president to brief him and seek his intervention; the group had also made efforts to mediate peace between Fubara and Wike,” Ms Briggs said, adding, “So, for President Tinubu to give the impression that no efforts were made to resolve the crises is misleading.”
Ms Briggs said the president’s reference to pipeline attacks as a basis for the state emergency was not convincing since pipelines had been vandalised for decades in Niger Delta without such drastic measures being taken.
She acknowledged that while the president had the power to declare a state of emergency, he did not have the constitutional authority to suspend an elected governor.
“This decision is hasty, rash, and premeditated, posing a grave threat to the people of the state; it is a targeted plot against Governor Fubara. It is unacceptable,” Ms Briggs added.
She also referenced Chief Wike’s past remarks on TV, where he allegedly claimed to have the capacity to sabotage pipelines, and questioned why the minister was not suspended.
“Why wasn’t the minister suspended, considering he is a major player in the crises and the one the 27 lawmakers take instructions from?” Ms Briggs noted.
Tonye Cole, the APC governorship candidate in the 2023 Rivers election, blamed all political actors involved.
“Today is a dark day in Rivers politics; the president had no choice but to step in to address the situation. I believe the president made some attempts to resolve the issues, but he did not push hard enough to bring the matter to a peaceful conclusion,” Mr Cole said.
The Tide source reports that two female members shouted at each other over the political crisis in the South-South State.
The two female lawmakers, Marie Ebikake (PDP, Bayelsa) and Blessing Amadi (PDP, Rivers), engaged in a shouting match on the constitutionality of the President’s decision to declare a state of emergency in Rivers State.
This happened before the commencement of the plenary.
It took the intervention of other lawmakers in the chamber to prevent the issue from snowballing into an uncontrollable situation.
Recall that President Bola Tinubu on Tuesday declared a state of emergency in Rivers State following the prolonged political crisis in the state.
The president also suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and members of the state assembly for six months.
President Tinubu also nominated a former Chief Of Naval Staff, Vice-Admiral Ibok-Ete Ibas (retd), to administer the state.
Reacting, the spokesperson of the House of Representatives, Akin Rotimi, said President Tinubu informed the national assembly through a letter before the emergency proclamation.
Hon. Rotimi added that President Tinubu’s letter informing the House of his decision and seeking approval on the state of emergency in Rivers in line with section 305 of the Constitution had been transmitted to the green chamber and would be read during plenary on Wednesday for further legislative action.
He said President Tinubu met with the leadership of both chambers, and the National Security Adviser and Service Chiefs before the broadcast.