BEVERLY HILLS, February 04, (THEWILL) – The Independent National Electoral Commission (INEC) has been restrained from accepting Christian Adabah Abah as the House of Representatives candidate of the Peoples Democratic Party (PDP) for Ado, Okpokwu and Ogbadibo Federal Constituency of Benue State in the February elections.
A Federal High Court sitting in Abuja which gave the order Wednesday also restrained Abah from parading himself as the PDP candidate for the Constituency in the election.
Justice Adeniyi Ademola, who issued the order at the instance of Mr. Hassan Anthony Saleh, who is seeking to be declared as the party’s candidate for election into the constituency in the election , also granted accelerated hearing of the case and adjourned the matter to February 10 for further hearing.
In an originating summons, the plaintiff had asked the court to stop PDP from fielding Abah as its candidate for election into the House of Representatives for the Ado, Okpokwu and Ogbadibo Federal Constituency of Benue State.
Saleh through his lawyer, Emeribe Mathias, alleged that Abah forged the National Diploma certificate he submitted to the PDP upon which he was cleared to participate in the primaries to select the party’s candidate for election into the House of Representatives.
Though Abah had won the highest votes at the party’s primary held on December 6, 2014 to select the PDP candidate for election into the constituency, Saleh who came second in the primaries is alleging that the certificate presented by Abah was forged.
The plaintiff is therefore is asking the court to declare that the National Diploma certificate in Accountancy purportedly obtained in August 31, 1986 by Abah from the Federal Polytechnic Mubi in Adamawa State which was presented to INEC was forged.
He also asked the court to hold that Abah was not qualified to present himself for the primaries of the PDP by virtue of the fact that the document he presented to INEC was forged.
Saleh also asked the court to declare that the clearance given to Abah by the PDP was null and void and of no effect in as much as it failed to comply with the party’s electoral guidelines and the 1998 constitution as amended.
He is thereforepraying the court for an order directing the PDP to issue him with a certificate of return as the duly nominated candidates of the party in the primaries held on December 6, 2014 for the Ado/Okpokwu/Ogbadibo Federal Constituency of Benue State having polled the highest number of valid votes.
He also asked the court to declare that PDP was bound by the 1999 Constitution to present only candidate that are not constitutional impaired to contest for the general election.
He wants the court to compel PDP to withdraw Abah’s name from INEC and in its place submit his own name as its candidate for the Federal Constituency in question.
Deposing to an affidaffit in support of his originating summons, Saleh said before the primaries took place, he wrote to the party’s Legal Adviser and the Inspector General of Police that Abah was not qualified to participate in the primaries because he presented a forged certificate.
He said: “That it was a surprise that in spite of the petition showing clearly the certificate forgery, PDP still went ahead to clear and allow Abah to contest the primaries where he was declared winner with a delegate score of 70 votes as against the plaintiff’s score of 58.”
He further averred that by virtue of paragraphs 22(d) and 24(2) of the PDP’s guideline, Abah had given false information which disentiled him from being presented and representing the party.
He further averred, “That in 2011 Abah tried to use this same forged certificate and the plaintiff successfully challenged him in court in suit No. FHC/ABJ/CS/195/11 where upon he withdrew his candidature as a result Justice Kolawole of the Federal High Court before whole the matter came struck out the matter after the plaintiff had applied to withdraw.”
Saleh maintained that if PDP was not restrained, it would go ahead to present an unqualified person to INEC as its candidate in the February elections.
