2019: Constituent Drags Ogor To Court Over Alleged Forgery, Inconsistence In His Electoral Documents

Barely few days to the February 16th Presidential and National Assembly elections, Leo Ogor, the House of representatives Minority Leader and People’s Democratic Party, PDP candidate for Isoko South and North Federal constituency, has been dragged to the Federal High Court sitting in Abuja over alleged forgery and inconsistence in the electoral documents he submitted to the Independent National Electoral Commission, (INEC), BIGPEN ONLINE can report.

Ogor who is seeking a fifth term of office in the National Assembly, is the 3rd defendant in the suit marked FHC/ABJ/CS/10/2019, Peoples Democratic Party, (PDP), is listed as the 1st defendant, the Independent National Electoral Commission, (INEC) as 2nd defendant while Peter Enaruke is the plaintiff.

The plaintiff had approached the court claiming the dates of working experience filled in the 2018 INEC form C.F. 001 and the educational qualification with dates in the 2014 INEC form C.F. 001 and certificates submitted by Ogor for the 2019 general elections were allegedly false information and forged certificates.

The suit was brought in the originating summons pursuant to section 6 (6), 36, 106 (b) and 107 (I) (h) of the 1999 constitution (As Amended), section 31(5) and (6) of the electoral act, 2010 (As Amended), order 3 of the federal high court (civil procedure) rules, 2009 and under the inherent jurisdiction of the Court.

The plaintiff, Enaruke is praying the court for the determination of the following issues:

“Whether upon construction and interpretation of the constitutional provisions of section 6(6), 36, 106(b) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd Defendant, who swore on oath vide his 2018 INEC form C.F. 001-affidavit in support of personal particular of persons seeking election to the House of Representatives, Isoko North/South federal constituency of Delta state, that he allegedly worked with the Central Bank of Nigeria (CBN) from 1980-1982 (As against his earlier affidavit in 2014 INEC form C.F. 001 wherein he stated that he worked with Central Bank of Nigeria (CBN) from 1980-1981, has perjured and presented false information and forged certificates, at least, as respects his working experience with dates in the said 2018 INEC form 001.

“Whether upon construction and interpretation of the constitutional provisions of section 6(6), 36, 106(b) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd Defendant, who swore on oath vide his 2018 INEC form C.F. 001-affidavit in support of personal particular of persons seeking election to the House of Representatives, Isoko North/South federal constituency of Delta state, that he allegedly obtained his primary school leaving certificate in in 1972 (as against his earlier affidavit in 2014 INEC form C.F. 001 wherein he stated he obtained his primary school leaving certificate from 1969-1974 has perjured and presented false information and forged certificates, at least as respect his educational qualification with dates in the said 2014 INEC form C.F. 001.

“If the answers to issues 1 and 2 are in the affirmative, Whether upon construction and interpretation of the constitutional provisions of section 6(6), 36, 106(b) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd Defendant stands automatically disqualified from contesting the forthcoming 2019 general elections into the House of Representatives, Isoko North/South federal constituency of Delta state, slated for 16th, February, 2019 or any other date political party by reason of the fact that the 3rd defendant has perjured and presented false information and forged certificates, at least as respect his working experience with dates in the said 2018 INEC form C.F. 001 and his educational qualification with dates in the said 2014 INEC form C.F. 001

“If the answers to issue 3 above is in the affirmative, Whether this Honourable Court can invoke it’s statutory powers under section 6(6), 36, 106(c) and 107(I)(h) of the 1999 constitution (As Amended), section 31 (5) and (6) of the electoral act 2010 (As Amended) and other enabling laws in that behalf, to issue an order disqualifying the 3rd Defendant from contesting the forthcoming 2019 general elections into the House of Representatives, Isoko North/South federal constituency of Delta state, dated for 16th, February, 2019 or any other date thereabout on the platform of the 1st Defendant or any other political party by reason of the fact that the 3rd defendant has perjured and presented false information and forged certificates, at least as respect his working experience with dates in the said 2018 INEC form C.F. 001 and his educational qualification with dates in the said 2014 INEC form C.F. 001.

Whereupon the plaintiff claims against the defendants jointly and severally as follows:

“A declaration that by the virtue of the mandatory, constitutional and statutory provision of section 6(6), 36, 106(c) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd defendant, who swore on oath vide his 2014 INEC form C.F. 001-affidavit in support of personal particular of persons seeking election to the House of Representatives, Isoko North/South federal constituency of Delta state, that he allegedly worked with the Central Bank of Nigeria (CBN) from 1980-1981 (As against his later affidavit in 2018 INEC form C.F. 001 wherein he stated that he worked with Central Bank of Nigeria (CBN) from 1980-1982, has perjured and presented false information and forged certificates, at least, as respects his working experience with dates in the said 2014 INEC form 001.

“A declaration that by the virtue of the mandatory, constitutional and statutory provision of section 6(6), 36, 106(c) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd defendant, who swore on oath vide his 2014 INEC form C.F. 001-affidavit in support of personal particular of persons seeking election to the House of Representatives, Isoko North/South federal constituency of Delta state, that he allegedly obtained his primary school leaving certificate from 1969-1974 (as against his later affidavit in his 2018 INEC form C.F. 001 where in he stated that he obtained his primary school leaving certificates, at least as respect his educational qualification with dates in the said 2014 INEC form C.F. 001.

“A declaration that by the virtue of the mandatory, constitutional and statutory provision of section 6(6), 36, 106(c) and 107(I)(h) of the 1999 constitution (As Amended), the 3rd defendant, stood automatically disqualified ab initio from contesting the forthcoming 2015 general elections into the House of Representatives, Isoko North/South federal constituency of Delta state, held  February, 2015 or any other date thereabout on the platform of the 1st defendant or any other political party, the 3rd defendant has perjured and presented false information and forged certificates, at least as respect his working experience with dates in the said 2018 INEC form C.F. 001 and his educational qualification with dates in the said 2014 INEC form C.F. 001

The plaintiff is therefore seeking among other things an order setting aside or nullifying forthwith the purported nomination of Leo Ogor as the candidate of the PDP.

“A perpetual injunction restraining the 1st and 2nd defendants either by themselves, agents, privies, surrogates or any other person(s) whosoever from parading, presenting, recognising, projecting, forwarding, accepting, or dealing with the 3rd defendant in any manner however as the candidate of the 1st defendant in contesting the forthcoming 2019 general elections.

“A perpetual I junction restraining the 3rd defendant either by themselves, agents, privies, surrogates or any other person(s) whosoever from parading, presenting, recognising, projecting, forwarding, accepting or suffering his name to be forwarded to the 2nd defendant or dealing with the 1st and 2nd defendants in any manner however as the candidate of the 1st defendant to represent the 1st defendant in the forthcoming 2019 general elections.”

Section 31 (5) of the Act states that, “Any person who has reasonable grounds to believe that any information given by a candidate in the affidavit or any document submitted by that candidate is false may file a suit at the federal high court, High Court of a state or FCT against such person seeking a declaration that the information contained in the affidavit is false.”