A High Court of the Federal Capital Territory (FCT) in Apo has dismissed a suit that sought to disqualify Adamawa State Governor Mohammed Jibrilla Bindow from contesting Saturday’s governorship election.
The Incorporated Trustees of Kingdom Human Rights Foundation International had, in the suit, alleged that Bindow supplied false information to the Independent National Electoral Commission (INEC) in his INEC Form CF001 by purporting to have sat for the West African Examination Council (WAEC) in June 1983 and possess General Certificate of Education (GCE) issued by the examination body.
The group, while urging the court to disqualify Bindow, accused him of falsely declaring his educational qualification and date of birth for the purpose of nomination/election into the office of Adamawa State Governor for the 2019 general elections.
In a judgment yesterday, Justice Olukayode Adeniyi partially upheld the preliminary objection raised against the suit by the governor and declined jurisdiction.
Justice Adeniyi held that the FCT High Court lacked the territorial jurisdiction to inquire into whether or not the information submitted by somebody who seeks to contest election in Adamawa State was false or not.
The judge said since the information Bindow supplied to INEC were published in Adamawa State, as required under Section 31(3), the cause of action could be said to have accrued in Adamawa State.
He said it was an abuse of court process and an act of “forum shopping” for the plaintiff to have travelled all the way to the FCT to challenge an alleged infraction that took place in Adamawa State, where available courts could have safely dealt with issues raised.
The judge agreed with the plaintiff that it possessed the necessary legal right to institute the suit, although it is a corporate personality.
He added: “It is, therefore, my position that the capacity of the claimant to pursue this case is provided in Section 31(5) of the Electoral Act, which says ‘any person’ but did not define the word ‘any person’.
Relying on Section 18(1) of the Interpretation Act, the judge said: “This court is not in doubt that the claimant (plaintiff) qualifies as a corporate personality,” and proceeded to “hold that the claimant is vested with the legal capacity to institute this suit”.
He, however, noted that there was a lacuna in the provision of Section 285(14) of the 4th Alteration to the Constitution, which limits the class of people, who can file pre-election cases to an aspirant and a political party.
The judge noted that since Section 31(5) allows any person to sue where it is discovered that a candidate provide false information to INEC, Section 285(14) of the Constitution should be made to include other classes of people or institutions.
He said the legislature should consider another amendment to Section 285(14) to extend the category of people to begin pre-election matters to accommodate the right granted any person under Section 31(5) of the Electoral Act
The judge also held that the plaintiff made out a reasonable cause of action to entitle it to be heard by the court.
Justice Adeniyi, however, held that the suit was statute barred because it was filed outside the 14 days provided under Section 285(9) of the Constitution.
The judge noted that while INEC acknowledged the receipt of Bindow’s Form CF001 on October 25, 2018, the plaintiff filed the suit on December 12, 2018, a length of time which exceeded the 14 days provided under 285(9).
Justice Adeniyi, having partially upheld the notice of objection and held that his court lacked the jurisdiction to hear the suit, proceeded to dismiss it.
He, however, took time to consider the substantive suit. And after analysing all the evidences provided by the plaintiff, held that it failed to prove it’s allegation of certificate forgery and age falsification made against Bindow.
The judge said the plaintiff claimed Bindow forged his academic certificate, but failed.
