A Federal High Court in Abuja has upheld the election of Honourable Musa Muhammad Adamu representing Baburai/Garki Federal Constituency of Jigawa State on the platform of the All Progressives Congress (APC) in the House of Representatives.
In a judgment on Tuesday, Justice Ijeoma Ojukwu dismissed the suit by Nasiru Dantiye of the Peoples Democratic Party (PDP) on the grounds that he failed to establish his claim that Adamu supplied false information the Independent National Electoral Commission (INEC) before the election held on March 14, 2020.
Dantiye, who was the candidate of the PDP in the election, but lost to Adamu, had prayed the court to disqualify the APC candidate.
The bye-election conducted on March 14 was informed by the death of Adamu’s father (who was the last occupant of the seat).
The plaintiff had claimed that Adamu (listed as the 2nd defendant), submitted forged secondary school certificate and age declaration to INEC to enable him contest the election.
In the judgment, Justice Ojukwu held that although there were discrepancies in the spelling of Adamu’s name in the three copies of the result tendered, there was no evidence that they belong to another person, more so when the results carried the same passport photograph of Adamu.
The judge noted that the plaintiff, who claimed the result was forged, failed to call evidence from the institution that issued the result – the West African Examination Council (WAEC) – to prove his allegation.
Justice Ojukwu faulted the plaintiff’s claim the the case was similar to that of the Deputy Governor-elect of Bayelsa State, who was sacked by the Supreme Court on grounds of certificate forgery.
The judge also faulted the plaintiff’s claim that Adamu did not resign within 30 days before the election, as required under the Constitution.
Justice Ojukwu noted that Adamu was dully cleared by INEC to contest the election.
The judge said: “In the final analysis, it is the finding of this honourable court, from the totality of the case presented by the parties, that the 2nd defendant (Adamu) is qualified to participate in the election scheduled for 14th March 2020.
“The first issue of false representation was not proved. Premised on the established facts, it is the opinion of this court that the case of the plaintiff has failed and it is hereby dismissed.
Earlier, Justice Ojukwu dismissed the preliminary objection filed against the suit and held that her court has the jurisdiction to determine the substantive matter.
Reacting to the judgement, Adamu said: “I thank God that, by this judgment, I have been vindicated and the issue has been put to rest. The court has confirmed what I have been saying from the onset that I did not submit any fake certificate. All my credentials are genuine. My supporters too have been vindicated.
“I want to thank my Governor for his support and encouragement. I can never thank him enough. I can only pray that God should continue to uplift him.
“He has supported and believed in me from the beginning. I am glad he has been vindicated. This attempt was to embarrass him, because he is from the same constituency that I represent.”