Justice Inyang Ekwo of a Federal High Court in Abuja, has dismissed a suit seeking an order disqualifying Governor Nyesom Wike of Rivers State from contesting the March 9 governorship election.
The plaintiff had accused the governor of forging his statutory declaration of age, which he submitted to the Independent National Electoral Commission (INEC) for the 2019 governorship poll.
In his judgement, Justice Ekwo, held that the plaintiff, not only failed to prove the allegation, the suit had become statute-barred because it was filed outside the time stipulated by law.
Wike is seeking re-election on the platform of the Peoples Democratic Party (PDP) in today’s poll.
The plaintiff, Mr Elvis Chinda, who hails from Rivers State, had filed the suit last year, faulting the statutory declaration of age allegedly attached to the Form CF 001 submitted to INEC by Wike.
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According to the plaintiff, the document deposed to on behalf of Wike, on October 3, 1986, by one Collins Nyeme Wike, claimed that the governor hailed from Rumuepirikom in Obio / Akpor Local Government Area of Rivers State, when the said local government was only created three years after.
The plaintiff, through his lawyer, Achinike William-Wobodo, claimed that the Obio /Akpor Local Government Area of Rivers State was only carved out of Port Harcourt Local Government in 1989 by Decree No 12 of 1989.
Dismissing the suit, yesterday, Justice Ekwo held that the plaintiff failed to prove the allegation beyond reasonable doubt as required of a case of forgery being criminal in nature.
The judge held, “It is a criminal offence. The onus is on the plaintiff to establish ingredients of the allegation with credible and convincing evidence.
“I find that the plaintiff has not proved the allegation against the first defendant (Wike) beyond every reasonable doubt or at all.”
