From Godwin Tsa, Abuja
Hearing in a suit seeking disqualification of All Progressives Congress (APC) presidential candidate, Bola Tinubu, from the 2023 election on alleged certificate forgery has been shifted to October 12.
Justice Obiora Egwuatu of the Abuja division of the Federal High Court fixed the date, yesterday, to allow parties in the suit complete filing of their processes and exchange same as required by law before the adjourned date.
Tinubu, who is the major defendant in the alleged certificate forgery saga, has, however, engaged the services of a Senior Advocate of Nigeria, Babatunde Ogala, to enable him fortify his defence.
At yesterday’s proceedings, counsel to Action Alliance (AA)which instituted the suit, Ukpai Ukairo, informed the court that he just received the notice of preliminary objection from Tinubu asking the court not to entertain the case against him on various grounds.
Among the grounds, Tinubu claimed the foundation for the certificate forgery suit was rooted in the 1999 electoral forms he submitted to then electoral body..
He also claimed the report of the Lagos State House of Assembly which probed him on the alleged certificate forgery is the main foundation of the fresh suit and hence, has become statute barred.
However, Ukairo informed the court that the claims of the former Lagos State governor, especially on the statute barred position, would be adequately addressed in the subsequent proceedings.
Ukairo told the judge that Tinubu’s claims made orally by his counsel has to be made formally and served on him to enable him respond appropriately.
While the Independent National Electoral Commission (INEC) which is the 1st defendant in the suit, sought for time to respond to the suit, the APC was not represented in court despite proof of service of the suit on it.
The judge accordingly adjourned the matter till October 2, for parties to put their houses in order for proper hearing of the alleged certificate forgery suit.
Egwuatu in addition ordered the plaintiff to be ready to call its witnesses on the adjourned date to establish his case against Tinubu.
The Action Alliance had, on June 21, asked a Federal High Court to restrain INEC from including the name of APC in the ballot of the 2023 presidential election.
The plaintiff in the Writ of Summon, marked: FHC/ABJ/CS/954/2022, predicated its request on the claim that both the APC and its presidential candidate, Tinubu are not qualified to participate in the 2023 presidential election on alleged forgery committed by Tinubu in 1999. The suit filed on behalf of the plaintiff by its lawyer, Upkai Ukairo, claimed Tinubu forged his University of Chicago certificate he submitted in 1999 in aid of his qualification for the 1999 governorship election in Lagos State, which was won by Tinubu.