By Ikechukwu Nnochiri

It is fresh trouble for the ruling All Progressives Congress, APC,  as an Abuja High Court sitting at Apo, on Friday, adjourned to deliver judgment on a suit seeking to disqualify its governorship candidate in Ogun State, Mr Dapo Abiodun, over an allegation that supplied false information to the Independent National Electoral Commission, INEC. 

Dapo-Abiodun

Abiodun who is the flag-bearer of the APC for the March 9 gubernatorial election, was accused of lying on oath about his educational qualifications, in the Form CF001 he used to secure clearance from INEC.

In the suit that was filed by a constitutional lawyer, Mr Abdulrafiu Baruwa, it was further alleged that the APC candidate who earlier claimed to possess two University degrees, did not undertake the one year compulsory National Youth Service Scheme.

Cited as defendants in the suit were the APC, Abiodun and the INEC.

The litigant told the court that whereas the APC candidate had in an affidavit he swore to at the high court, Abeokuta, Ogun State, in 2015 when he contested for the Senate, claimed to have attended the University of Ife, Ile-Ife (graduating in 1986) and Kennesaw State University, Atlanta, Georgia, USA, and also supplied same information to INEC.

It was alleged that the 2nd defendant (Abiodun), in a fresh affidavit he deposed for the purpose of the 2019 governorship election, declared only the West African School Certificate he obtained in 1978, as his only qualification in the Form CF001 he submitted to INEC on October 23, 2018.

He was said to have declared the affidavit before a High Court of the Federal Capital Territory.

The claimant alleged that Abiodun’s reliance on only his WAEC was owing to the fact that the veracity of the two Degree Certificates he claimed to possess in 2015, was being questioned, including his participation in the mandatory NYSC scheme.

He therefore posed six questions for the determination of the court, among which include: “Whether having regard to the unambiguous provisions of Section 31 of the Electoral Act, 2010 (as amended), a candidate sponsored by a political party is not under an obligation to make full disclosure of all his educational qualifications as demanded by INEC in the prescribed Form CF 001?

“Whether the willful concealment and/or refusal by a candidate sponsored by a political party for an election to disclose all his educational qualifications as demanded by INEC in Form CF 001 does not amount to false information?

“Whether by the mandatory provisions of the Electoral Act, 2010 (as amended), and National Youth Service Corps Act, Cap. N84, Laws of the Federation, 2004, a candidate for an elective office, who had obtained a university degree or its equivalent at age 30 and below can willfully conceal in his Form CF 001 his university qualifications for the purpose of evading the consequences of the acts?

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“Whether a political party such as the first defendant, in this case, is at liberty to apply double standards in clearing and/ or disqualifying persons aspiring for elective offices?

As well as, “Whether a candidate who had earlier stated on oath his university qualification can subsequently be permitted in law to willfully conceal his university qualification for the sole purpose of evading the consequences of such university qualification?”.

Upon determination of the questions, the Claimant sought for an order disqualifying the 2nd Defendant from participating in the Ogun state governorship election, having supplied false information in the Form CF001 he submitted to INEC.

Likewise, an order declaring the person that secured the second highest number of votes at the APC primaries, Mr Jimi Lawal, as the authentic candidate of the party in the impending poll.

Meanwhile, both APC and its candidate, Biodun, through their lawyers, Mr Damian Dodo, SAN, and Mr Kehinde Ogunwumiju, SAN, challenged the territorial jurisdiction of the Abuja court to hear the case they said ought to have been filed in Ogun State.

The defendants equally contended that the suit, being a pre-election matter, had become status barred by virtue of the 4th Alteration of the 1999 Constitution.

They argued that under section 285(9) in the 4th Alteration, the Claimant ought to have filed the case 14 days after the infraction he complained of was committed.

According to the 1st and 2nd defendants, the claimant waited till December 13, 2018, to file the action.

They told the court that over 50 days had elapsed before the legal action was instituted.

More so, the defendants argued that sections 177 and 182 of the 1999 constitution, as amended, stipulated conditions that could qualify or disqualify a candidate from contesting governorship election.

The defendants insisted that any discrepancy in the Form CF001 Abiodun submitted to INEC was irrelevant as far as he met all the constitutional requirements, one of which was that he must possess the basic educational qualification (WAEC).

“It is our position that none undertaking of NYSC and attachment of University degree does not qualify as the constitutional ground of disqualification. We urge my lord to dismiss this suit with substantial cost”, Ogunwumiju, added.

However, counsel to the litigant, Mr Oluwole Aladedoye, urged the court to dismiss all the preliminary objections, insisting that his case was not caught up by the 4th Alteration.

He told the court that the cause of action arose on December 11, 2018, when INEC released the Certified True Copy of the Form CF001 that Abiodun submitted to it.

“This action was filed less than 48 hours after it arose.  So it is perfectly within time”, he added.

After he had listened to all the parties, Justice Kayode Adeniyi, reserved judgment on the matter, saying it would be delivered not later than March 8, 24 hours before the governorship election.

It will be recalled that Abiodun clinched the governorship ticket of the APC in Ogun State, ahead of the preferred candidate of Governor Ibikunle Amosun, Mr Adekunle Akinlade.

The decision of the national leadership of the party to stick with Abiodun had occasioned a deep disagreement among members of the APC in the state, a situation that led Akinlade’s supporters to pelt President Muhammadu Buhari during a presidential campaign rally in the state.

Akinlade had since defected to the Allied People’s Movement, APM, a platform on which he will participate in the Ogun State governorship contest.