*Says: I’ve been praying, fasting over the case

By Ikechukwu Nnochiri

RESPITE came the way of Governor Ben Ayade of Cross River State yesterday, as the Supreme Court, declined to sack him from office over allegation that he falsified his age. The suit was lodged before the apex court by a chieftain of the People’s Democratic Party, PDP, and Senior Advocate of Nigeria, SAN, Mr. Joe Agi.

The appellant who came second in the gubernatorial primary election held in the state on December 8, 2014, insisted that Ayade lied about his age. He adduced exhibits before the court showing that Governor Ayade had in three different affidavits that were deposed on oath, supplied conflicting dates as his year of birth.

Governor Ben Ayade

Specifically, the evidence before the court showed that the 3rd respondent (Ayade) had in the Nomination Form, Code PD 003/G, which he  used to contest the Cross River state election, stated on oath that he was born on March 2, 1969.

However, the age declaration he attached to the form, which his brother Frank Ayade  swore to before a Cross River state High Court sitting at Oleh on  February 1, 2007, indicated that the defendant was born in 1968.

More so, the plaintiff tendered in evidence  a document that showed that the governor, while applying for admission into the University of Ibadan, gave an age declaration stating that he was born on March 2, 1966. The bio data was allegedly  issued by the University itself.

Besides, the appellant maintained that Ayade had already lost his membership of the PDP as at the time the primary election was held, owing to his failure to meet his financial obligations to the party.

Agi argued that consistent failure of the 3rd respondent (Ayade) to pay his dues, made him ineligible to be sponsored by the party for the gubernatorial contest.

He prayed the apex court to set aside the verdict which the Abuja Division of the Court of Appeal delivered in Ayade’s favour on February 5. The appellate court had upheld the judgement Justice Abdul Kafarati of the Federal High Court in Abuja delivered on July 31, which dismissed Agi’s suit.

Meanwhile, in an unanimous judgment yesterday, a five-man panel of the apex court led by Justice Bode Rhodes-Vivour, also dismissed Agi’s appeal for want of merit.

According to Justice Clara Ogunbiyi who read the lead judgment, allegation of age falsification being an act rooted in criminality, ought to be proved beyond reasonable doubt, a burden she said was not effectively discharged by the appellant.

The apex court held that for age falsification to serve as a disqualifying factor for any person running for the office of the governor, it must be proved that it was done with the intention to meet the minimum of 35-year-old constitutional requirement for any person seeking to occupy the office.

Justice Ogunbiyi noted that none of the conflicting dates of birth allegedly supplied by the 3rd respondent, was capable of conferring any undue advantage to him during the governorship contest.

“The 3rd respondent (Ayade) was said to have stated his date of birth in his nomination form to INEC as March 2, 1968. That means that he was 46 years old as of the time he was nominated and that was 11 years above the constitutional requirement of 35 years.

“By March 2, 1969, the second respondent would have been 45 years old as of the time he was sponsored by the first respondent (the PDP). He would still have been 10 years above the constitutional requirement age of 35 years for office of the governor.

“The appellant has failed to prove the intention of the second respondent to circumvent the law in order to ensure his compliance with constitutional age requirement.”

Justice Ogunbiyi further stressed that sections 14(b) and 15(2) of the PDP constitution, as well as section 31(2),(5) and (6) of the Electoral Act which provided for disqualification of any aspirant seeking political office, were aimed at ensuring that requirement of mandatory age for the office of the governor under sections 177(b) and 182(1) of the Constitution was complied with by aspirants.

“I endorse the judgment of the Court of Appeal, Abuja Division. This appeal is devoid of any merit and it is hereby dismissed”, she held.

More so, the apex court held that the issue of the status of a person’s membership of a political party was an internal affair of the party, which it said cannot be meddle into by any court of law. The Supreme Court said it lacked the capacity to query Ayade’s membership of the PDP, adding that the party had through its Secretary in Cross River State, confirmed at the trial court that he had paid all his dues and that he remained a member of the party.

“As I earlier said, a political party is a voluntary association and its decision is binding on its members, even if it is deemed unreasonable.

“The decision of the party on issue like this is final. The court will not substitute its will with that of the voluntary association, whether it is reasonable or unreasonable.”

Reacting to the apex court verdict, Governor Ayade described it as a victory for democracy and the people of Cross River who he said came to Abuja en-mass to show solidarity with him. The governor said he had been praying and fasting over the case, saying he was put through “torture” by Agi.

Speaking to newsmen in Abuja, the governor said: “I dedicate this victory to God. I give him all the glory. It is worthy to note that within this one and half year, I must have done something significant to make this humongous crowd to come to Abuja today to celebrate my victory.

“I can now focus on those essential elements of governance. This is a victory for the Federal Republic of Nigeria. I have been praying and fasting since this matter started. I am happy that it is all over. I however wish to invite my brother (Agi) to come over and let us put the past behind us and work for the betterment of our state”, Ayade added.