The Court of Appeal, sitting in Abuja, has upheld the removal of Aminu Ahmad Chindo, who represented Katsina Central Federal Constituency in the House of Representatives.
Back in February 2023, the Independent National Electoral Commission (INEC) declared Chindo, a member of the PDP, as the winner of the Federal Constituency, defeating his closest rival, Sani Danlami Aliyu of the APC.
However, dissatisfied with the outcome, Aliyu, a former Commissioner for Sports & Social Development, and the APC, approached the tribunal seeking the disqualification of Chindo, who had also lost the 2019 election for the same Constituency.
Led by their counsel, Ernest Obunadike, Danlami submitted a petition against the declaration and return of Chindo. The petitioner accused the 1st respondent of presenting a forged primary school testimonial. (The PDP and INEC were listed as the 2nd and 3rd respondents, respectively).
On September 10, The tribunal led by Justice Olugboyega Ogunfowora, held that by the provisions of section 66(1)(i) of the 1999 constitution (As amended), presentation of false certificate to INEC is a disqualifying factor for any person vying for either a Reps member or as a Senator.
He held that Chindo failed to prove that he had actually attended the then Kofar Soro Primary School.
“The return of the 1st respondent, Aminu Ahmad Chindo of the PDP, as member Katsina Central Federal Constituency, Katsina State of the House of Representative is hereby nullified and set aside, the 1st Petitioner (Aliyu) is hereby returned”, the tribunal held.
The learned Judge also awarded N200,000 in favour of the Petitioners.
Similarly, the Appeal Court in a consolidated appeal, also sacked the member representing Kankia/Kusada/Ingawa Federal Constituency in the House of Representatives: Messr Ismail Dalha-Kusada.
The INEC on February 26 declared Dalha-Kusada of the PDP winner with 34056 votes ahead of his closest challenger and incumbent, Abubakar Yahaya-Kusada (APC) with 31017 votes.
Obviously unhappy with the defeat, Yahaya and the APC approached the tribunal seeking the sole relief:
– Disqualification of Dalha-Kusada for presenting a forged Primary School Certificate to INEC.
The tribunal subsequently sacked Dalha-Kusada and ordered INEC to withdraw the Certificate of Return earlier issued and award a fresh CoR to Yahaya of the APC as duly elected.
The PDP & Dalha-Kusada approached the Appeal Court where they met same fate.
In both cases, the Appellate Court affirmed that official witnesses cannot be required to provide statements of oaths in advance and may be summoned by the Court at any time.
Furthermore, the Appellate Court made a clear distinction between this case and the one before the Presidential Election Petition Tribunal (PEPT). In the latter, witnesses included either Party members or individuals at the request of the appellant.
Additionally, the Appellate Court emphasized that when dealing with matters related to certificate forgery, the issuing authority stands as the most reliable and essential source of evidence for determining the authenticity of such documents.
