By Chancel Sunday, BOMADI

A Federal High court sitting in Abuja, yesterday, dismissed a suit filed by the candidate of New Nigeria People’s Party, NNPP, in Patani/Bomadi Federal Constituency, Delta State, Prince Collins Eselemo, against Hon. Nicholas Mutu of the Peoples Democratic Party, PDP, for being frivolous and lacking in merit.

The case with suit number FHC/ABJ/1119/2022 was instituted by Prince Eselemo, alleging that the 1st defendant, Hon. Mutu does not have a valid certificate, hence, he’s not qualified to contest the 2023 general elections. He, therefore, prayed the court to disqualify the 1st defendant.

Delivering his Judgment, the presiding judge, Justice Omotosho Kolawole, held that the plaintiff lacks the locus standi to institute the suit as he (Eselemo) was not an aspirant in the just concluded PDP primary elections and as such, does not have the right to challenge the nomination of the first defendant.

Justice Kolawole went further to state that only those expressly mentioned in section 29(5) of the Electoral Act can sue on that provision and nobody else. The plaintiff, according to the Judge, was a busybody and a mere meddlesome interloper.

Notwithstanding, the fact that the plaintiff lacks the locus to institute the present suit, the judge went ahead to hear the matter on its merit.

Justice Kolawole, however, held that allegations of invalidity of the 1st defendant’s certificate has an element of crime and that the law is certain, stressing the proof of criminal allegations for forgery must be proved beyond a reasonable doubt.

He further stated that the plaintiff failed to produce the original or the alleged invalid false document for the court to examine, maintaining that the plaintiff’s allegations were based merely on statements without any form of proof.

“Merely stating in an affidavit that the 1st defendant’s certificate was forged is not enough as the seriousness of the allegations requires proof beyond reasonable doubt”, he said. He, therefore, dismissed the suit for lacking in merit.