Clean Bill For the Candidate
By Tobs Agbaegbu
Sunday, March 23, 2008
An Abuja high court throws out allegations of certificate forgery brought against Ibrahim Idris by Abubukar Audu, his political opponent
Ibrahim Idris, immediate past governor of Kogi State and candidate of the Peoples Democratic Party, PDP, in the March 29, 2008 governorship election in the state, can now heave a sigh of relief. He was on Thursday, last week, cleared by an Abuja High Court in Gudu district, of criminal charge of certificate forgery instituted against him by Abubakar Audu, candidate of the All Nigeria Peoples Party, ANPP, for the governorship election.
Abubakar Talba, the trial judge said, while throwing out Audu's one count charge against Idris, that the matter constituted an abuse of court process as a similar case was pending before a Federal High Court also sitting in Abuja. The judge explained that allowing the trial of the former governor would subject him to double jeopardy.
The court was referring to another court case brought by Audu against Idris before Justice Babs Kuewunmi of Federal High Court in Abuja . By instituting the action, Audu is seeking for an order compelling the Independent National Electoral Commission, INEC, to reject and disqualify Idris as the PDP governorship candidate in Kogi State in the March 29 bye election.
The plaintiff alleged that Idris told lies to INEC by claiming to possess an educational certificate from Kings Commercial College, Buguma, in Port Harcourt, Rivers State. As proof of his allegation, Audu relied on a disclaimer purportedly issued by the principal of the said school in filing the suit.
In his decision last week, Justice Talba noted that Audu should have obtained a warrant from the Federal High Court before bringing the criminal charge to the Gudu High Court.
The court also noted that it has no jurisdiction to entertain the charge stressing that the condition precedent in bringing the charge was not fulfilled. Besides, the court noted that the plaintiff did not depose to an affidavit seeking to prefer criminal charge against Idris.
Following this, the court sustained all the grounds of objection raised by Idris.
Consequently it discharged its earlier leave granted Audu to prefer the action and discharged the case accordingly on the ground that it was initiated in bad faith.
Expectedly, the court's ruling attracted instant reaction from Audu's camp. Alex Izinyon, SAN, the leading counsel who was represented by Abdullahi Haruna, said an appeal might be an option to his client. He also faulted certain parts of the ruling.
But counsel to Idris, Pius Akubo expressed happiness, pointing out that with the court decision, the coast was clear for his client to contest the March 29 governorship election in Kogi State. Akubo said the case was initiated to distract his client who he said does not begrudge any person.
He said: "It is very well known this time that both of them [Audu and Idris] are gladiators in Kogi State, seeking re-election to the office of governor. So it was deliberately intended to cause distraction, disaffection and to unduly blackmail; that is why we believe that it was obviously frivolous, vexatious and was informed by malice which ought not to have been instituted ab-initio."
|
