2019 election: Group seeks Adamawa governor’s disqualification

Godwin Tsa, Abuja

The Federal High Court Yola, has been approached to disqualify the governor of Adamawa State, Jibrila Bindow, from seeking re-election on the grounds that he does not poses a secondary school certificate or its equivalent as required under section 177(a) of the 1999 constitution.

In the suit marked FHC/ABJ/CS/1149/2018, the plaintiff, the Incorporated Trustees of Global Integrity Crusade Network (GICN) alleged that the claim by the governor that he graduated from Government Secondary School, Mangu, Plateau State in 1983, and was issued a School Certificate or its equivalent by the West African Examination Council (WAEC) was false.

Others joined in the originating summons as defendants are West African Examination Council, the Independent Electoral Commission (INEC), the All Progressives Congress (APC) and the Nigeria Police.

The said originating summons filed by Edward Omaga on behalf of the plaintiff was brought pursuant to Order 3, rules 6 and 9 of the Federal High Court (Civil Procedure) Rules 2009 and is supported by a 32-paragraph affidavit deposed to by Oladakun Abdulhajeed, the programme officer of the plaintiff.

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The group is seeking an order of court restraining the APC from presenting Muhammed Bindow Jibrila to the INEC for the purpose of screening ahead of the forthcoming election as governor of Adamawa State on the grounds that he does not possess a School Certificate or its equivalent issued to him by WAEC either in 1983 or at any time whatsoever.

It is further pressing for an order of the court compelling WAEC (2nd defendant) to produce within 14 days from the date of delivery of judgment,  a Certified True Copy (CTC) of the School Certificate or its equivalent issued to him either in 1983 or anytime whatsoever.

The plaintiff has also prayed the court for an order compelling the INEC to produce within 14 days from the date of delivery of judgment, a Certified True Copy of the affidavit in support of personal particulars of persons seeking election to the office of governor (INEC Form 001) submitted by the Governor of Adamawa State who contested the 2015 governorship election and seeking re-election at the forthcoming 2019 elections to show that, he, indeed, deposed that he graduated from Government Secondary School, Mangu, Plateau State, in 1983 and was issued School Certificate or its equivalent by WAEC.

Before then, the plaintiff had urged the court to determine “whether by the true interpretation of Section 177(a) of the 1999 Constitution (as amended), the 1st defendant ( Muhammed Bindow Jibrila) is not absolutely disqualified from seeking re-election to the office of governor of Adamawa State in the forthcoming general election on the grounds that he does not possess a School Certificate or its equivalent issued to him by WAEC either in 1983 or at any time whatsoever?

Whether the APC (4th defendant) should not decline to present him (Bindow) to INEC for the purpose of screening ahead of the forthcoming election to the office of governor of Adamawa State on grounds that he does not possess a School Certificate or its equivalent issued to him by WAEC either in 1983 or at any time whatsoever?

Whether the court is not entitled to compel WAEC (2nd defendant) to produce within 14 days from the date of delivery of judgment in this suit, a Certified True Copy (CTC) of the School Certificate or its equivalent issued to him either in 1983 or anytime whatsoever.

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Whether the court is not entitled to compel INEC to produce within 14 days from the date of delivery of judgment, a Certified True Copy of the affidavit in support of personal particulars of persons seeking election to the office of governor (INEC Form 001) submitted by the governor of Adamawa State who is contesting the 2015 governorship election and seeking re-election at the forthcoming 2019 elections to show that he indeed deposed that he graduated from Government Secondary School, Mangu, Plateau State in 1983 and was issued School Certificate or its equivalent by WAEC?

Whether the Nigeria Police (5th Defendant) is not under any legal duty to arrest and prosecute the governor for perjury if they investigate and found that he neither completed his secondary education at Government Secondary School, Mangu, Plateau State in 1983 nor was issued any School Certificate or its equivalent by WAEC?

In a 32 paragraph supporting affidavit, the group averred that it has been monitoring the activities of politicians and public office holders particularly their level of compliance with the provisions of the 1999 Constitution bordering on election and appointment into public office.

The depondent,  Abdulhajeed stated that “the plaintiff has embarked on research and discovered that the governor of Adamawa State has been contesting and holding elective positions all along without possessing a valid School Certificate issued by WAEC or any other similar institutions in Nigeria.”

Meanwhile, Justice Babatunde Quadri has ordered that the suit be transferred to the Adamawa Division of the court when the matter came before him.