A Federal High Court sitting in Abuja, Friday, dismissed a suit seeking the disqualification of Rivers State Governor, Nyesom Wike from participating in Saturday’s governorship election in Rivers State.
Justice Inyang Ekwo, the trial Judge, held that the pre-election suit boarding on alleged certificate forgery instituted against the Governor by Elvis Chinda, was statute barred, having not been filed within the mandatory 14 days stipulated by section 285(9) of the 1999 constitution.
Justice Ekwo also held that the suit was gross abuse of court process having been decided by another court, which delivered a final judgment and upon which an appeal has been lodged and pending at the Court of Appeal.
The court held that the crux of the suit against Governor Wike bordered on criminality especially forgery of certificate, which required the plaintiff to prove beyond reasonable doubt, before judgment can be entered in his favour.
Justice Ekwo held that apart form documentary evidence obtained by the plaintiffs from doubtful sources, the ingredient of establishing a criminal matter were not provided to establish the forgery case against the Governor.
Besides, the judge said that the plaintiff served as the accuser, prosecutor and sole witness, adding that his failure to call vital witnesses in respect of the documentary evidence brought to court was fatal to his case and liable to dismissal.
The court said that he could not ascribe probate value to the document purportedly obtained by the plaintiff from INEC, because the condition precedence especially mandatory payment, before the document could be released to the plaintiff was not done as required by law.
