ABUJA – The Abuja Division of the Federal High Court, will on Wednesday, hear a suit seeking to disqualify Governor Nyesom Wike from participating in the forthcoming governorship election in Rivers State, over an allegation that his birth certificate was forged
Justice
Inyang Ekwo directed the service of hearing notice on the Independent
National Electoral Commission, INEC, Governor Wike and the Peoples
Democratic Party, PDP, who were listed as Defendants in the suit marked
FHC / ABJ / CS /1430/3018, which was filed by one Mr. Elvis Chinda. The
plaintiff, alleged that the certificate of birth Wike attached to the
Form C. F. 001, which he submitted to INEC on November 2, 2018, for
clearance to participate in the 2019 general election, was forged.
He
told the court that the certificate titled “Statutory Declaration of
Age”, attached to Wike’s Form C.F.001, and purportedly deposed to on
October 3, 1986, by one Collins Nyeme Wike had claimed that Nyesom Wike
at the time of deposition, was a native of Rumuepirikom in Obio / Akpor
Local Government Area of Rivers State According to the Plaintiff, “As at
3rd October 1986, there was no local Government Area known as Obio
/Akpor Local Government Area in existence in Rivers State. “As at 1986,
Rumuepirikom was not in Obio /Akpor Local Government Area of Rivers
State , but in Port Harcourt Local Government Area of Rivers State being
the parent LGA from where Obio /Akpor Local Government Area was carved
out”. He told the court that Obio /Akpor Local Government Area of Rivers
State was created in 1989 by Decree No 12 of 1989, two years after the
alleged forgery was committed. “That the certificate of birth (
Statutory Declaration of Age) was 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 afterward known as High/Magistrate
Court Registry Port Harcourt. No such Registry existed or exists any
where in Port Harcourt or Rivers State”. Plaintiff said the forged
certificate of birth misled INEC into believing that Wike had a genuine
birth certificate that confirmed his alleged date of birth given as 13th
March1963. The alleged that Wike presented the bogus birth certificate
to maintain consistency and coverup falsehood and lies, which he started
in 1998. He said the coverup, “began in 1989, when Wike expressed
desire to contest for the local chairmanship of Obio/ Akpor Local
Government Area Council election in Rivers State which INEC had fixed 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 birth now in contention. He has used it in
subsequent 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 is praying the court to among
other things, determine: “Whether the certificate of Birth titled
Statutory Declaration of Age deposed to by one Collins Nyeme Wike
purportedly sworn to on 3rd October 1986 at the High/ Court Magistrate’s
Court Registry, Port Harcourt lied about/against itself and contained
falsehoods. As well as, “Whether by the combined provisions of section
182(1)(i ) and 1 (1) & (2)of the Constitution of the Federal
Republic of Nigeria 1999 (as amended), the 2nd defendant ought to 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 support of the originating summons, Elvis Chinda said that
he is aware that the Constitution of the Federal Republic of Nigeria
disqualified any person seeking election into the office of the
Governor, who presented a forged certificate to the Independent National
Electoral Commission (INEC)”.
He is further seeking, “A
declaration that the Certificate of Birth titled Statutory Declaration
of Age deposed to by one Collins Nyeme Wike purportedly sworn to on 3rd
October 1986 at the High/ Court Magistrate’s Court Registry, Port
Harcourt and presented by (Gov Wike)the 2nd Defendant to (INEC) the 1st
Defendant on the 25th December 2014 for the purpose of the 2015 General
Governorship Election in Rivers State was forged. “A declaration that,
the information contained in the Affidavit Form C.F. 001 deposed to by
2nd Defendant on the 29th October 2018 and presented to the (INEC)1st
Defendant on the 2nd November, 2018 for the purpose of the 2019
Governorship Election in Rivers State was false.
“A declaration
that by the provisions of section 182(1)(i) of the Constitution of the
Federal Republic of Nigeria 1999 (as amended)/,(Wike) the 2nd defendant
is not qualified or eligible to contest and participate in the 2019
Governorship election in Rivers State or any other such election, having
presented a forged certificate to (INEC) the 1st defendant. “An order
of the Court directing the disqualification of (Wike) the 2nd defendant
from contesting or holding out himself for the 2019 General Governorship
election in River State or any other elections made pursuant to the
Constitution of the Federal Republic of Nigeria , 1999, (as amended)
having presented a forged certificate to the 1st defendant.
Likewise,
“An order of perpetual injunction restraining INEC, the 1st defendant
from receiving or accepting from (PDP),the 3rd defendant or any other
person any nomination of the 2nd defendant , from processing such
nomination, or from presenting Wike the 2nd defendant on ballot, in
respect of the2019 Governorship Election or any other elections made
pursuant to the Constitution of the federal Republic of Nigeria.
Source:- Vanguardngr
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