Court to hear ‘certificate forgery’ suit against Tinubu next month

A Federal High Court in Abuja has fixed September 7 to hear a suit seeking the disqualification of Bola Tinubu, the Presidential candidate of the ruling All Progressives Congress (APC) from contesting in the 2023 presidential election.

The Plaintiffs' Argument: The four plaintiffs who are members of the APC want the court to rule that Tinubu is ineligible to run for president because he allegedly submitted false information to the Independent National Electoral Commission (INEC).

The plaintiffs in a 33-paragraph affidavit in support of the suit stated that Tinubu falsely swore to an affidavit in 1999 in which he claimed to have attended St Paul Aroloya Children Home School, Ibadan -1958–64, and Government College, Ibadan -1965–68 and presented the same to INEC.

They also said Tinubu in the forms he submitted to INEC refused to include any information about his primary and secondary schools.

The plaintiffs prayed the court to determine “Whether having regard to the provision of sections 1 (3); 4(1)and 2; 14(1),(2)(a), and ©and 42(1)(a)and (b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the provision of section 29(5)of the Electoral Act, 2022 as enacted by the 4th defendant which modified the provision section 31(5) of the Electoral Act,2010(as amended) is not ultra vires the 4th Defendant and therefore unconstitutional, null, void and of no effect whatever”.

“Whether having regard to the decision of the supreme court in the case Modibbo Vs Usman (2020) 3 NWLR(PT.1712)470 and the provision of section 137(1)(j) the 3rd defendant has not presented a forged certificate to the Independent National Electoral Commission (INEC) the 1st defendant and thereby disqualified from participating in the forthcoming 2023 presidential general election.”

The plaintiffs are also asking for “a declaration that the 3rd defendant (Tinubu) has presented a forged certificate to the Independent National Electoral Commission for the purpose of seeking to be elected into the office of president of the federal republic of Nigeria.

“A declaration that the 3rd defendant stands disqualified from participating in the 2023 presidential election as a candidate of the 2nd defendant has presented a forged certificate to the Independent National Electoral Commission for the purpose of seeking to be elected into the office of the president of the federal republic of Nigeria.

“An order disqualifying the 3rd Defendant from contesting or participating in the forthcoming 2023 presidential general election as a candidate of the 2nd defendant.

However, the judge, Ahmed Mohammed, while ruling on an ex parte application, granted an order for substituted service on Tinubu.

The judge was said to have made the pronouncement after the plaintiffs’ counsel, Goddy Uche, told the court that substituted service has become necessary because all attempts to serve the presidential candidate proved abortive, TheCable reports.

The court adjourned the case to Wednesday, September 7, 2022 for a hearing.