Governor Godwin Obaseki of Edo State has asked the Federal High Court in Abuja to stay further proceedings on the perjury suit the All Progressive Congress, APC, instituted against him.
Obaseki, through his Counsels led by Ken Mozia, equally prayed the court to set aside an order it made on August 17, which permitted the APC and its member in the state, Edobor Williams who is the co-Plaintiff, to serve the court papers to him through substituted means.
The APC and Williams had in the suit marked FHC/B/CS/74/2020, alleged that Obaseki lied about his academic qualifications.
The Plaintiffs accused the governor of forging the university certificate he presented to the Independent National Electoral Commission, INEC, in aid of his qualification for the governorship election that held in Edo State on September 19.
They equally told the court that there were discrepancies in the subjects that Obaseki claimed he passed in his West African Examination Council (WAEC) exam and subjects in his testimonial.
Consequently, they are praying the court to declare that Obaseki’s claim in his INEC form EC9 at column C, sworn to on June 29, 2020, at the Federal Capital Territory High Court Registry to the effect that he obtained from the University of Ibadan in 1979, a Bachelor of Arts Degree in Classical Studies, is false and contrary to Section 31 (5) and (6) of the Electoral Act, 2010.
They also want the court to declare that Obaseki lied on oath when he swore to an affidavit on June 29, 2020, that he worked in Afrinvest Limited from 1994 to 2014 when he retired.
Meanwhile, though the matter was slated for hearing on Monday, Obaseki, drew the attention of the court to two pending motions he filed to not only strike out some paragraphs of the Plaintiffs’ reply to his statement of defence but to also set aside the order for substituted service of the processes on him.
He contended that the said order was issued while the court was on its annual vacation.
Besides, Obaseki urged the court to stay further proceedings in the case.
He urged the court to firstly hear and determine his pending motions before delving into the substantive case the Plaintiffs brought against him.
“We respectfully urge your lordship to take the applications in order to settle the issue of appropriateness or otherwise of the service of the processes on the 1st Defendant”, Obaseki’s lawyer added.
His application was supported by counsel to the Peoples Democratic Party, PDP, Mr Isenalumhe Razzak.
However, counsel to the Plaintiffs, Chief Akin Olujimi, urged the court to reject Obaseki’s request which he said was aimed to frustrate the expeditious hearing of the matter.
Olujimi, SAN, argued that section 285(8) of the 1999 Constitution, as amended, stipulated that such motions should be deferred till the final judgment.
The Plaintiffs stressed that the case is time-bound, adding that they have also filed an application to call additional witnesses against Obaseki.
Though INEC was joined as the 3rd Defendant in the matter, it was not represented by any lawyer on Monday.
After Justice Ahmed Mohammed had listened to all the sides, he ruled that Obaseki’s motion challenging the competence of the Plaintiffs’ reply to his statement of defence is fundamental and ought to be heard first.
He held that filing of pleadings could not be said to have been completed when a motion querying the competence of a reply to defence has not been resolved.
Consequently, Justice Mohammed adjourned the matter to November 18 to hear Obaseki’s motions.
Specifically, the Plaintiffs are seeking among other things, “A declaration that the 1st defendant is disqualified from contesting election to the office of Governor of Edo State for non-fulfilment of the constitutional requirement in section 182(1)(j) of the Constitution of Nigeria and upon presenting false/forged certificate to INEC contrary to Section 31 (5) and (6) of the Electoral Act, 2010”.
They want the court to declare that the Peoples Democratic Party, PDP, “having sponsored a candidate who supplied false information on oath and presented false/forged certificates to INEC is not entitled to participate in the election scheduled for September 19 or on any other date that may be appointed for the purpose”.
They are equally seeking an order disqualifying Obaseki and the PDP from the September 19 governorship election, as well as, an order directing INEC to remove the name of the PDP and its candidate from the ballot paper or election records or materials.
Aside Governor Obaseki, other Defendants in the matter are the PDP and INEC.
Though the suit was initially filed before the Benin Division of the Federal High Court, it was subsequently transferred to Abuja.
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