Court orders Obaseki to show proof of appeal in perjury trial

By Andrew Orolua

Justice Ahmed Mohammed of the Federal High Court, Abuja on Wednesday adjourned a pre-election suit bordering on perjury that was filed by All Progressives Congress (APC), challenging the candidature of Governor Godwin Obaseki of Edo State in the last election till today for hearing.

In adjourning the matter, Justice Mohammed ordered Godwin Obaseki, to provide proof that he has appealed a ruling which earlier struck out his application that sought to strike out some paragraphs of the plaintiffs’ reply to his statement.

Justice Mohammed had in November struck out Obaseki’s application as moved by his counsel, Ken Mozia (SAN) that some paragraphs in the plaintiffs’ statement of reply be removed.

Not satisfied with the ruling, Mozia said the respondent approached the Court of Appeal to upturn the lower court ruling.

The suit marked FHC/B/ CS/74/2020, which the All Progressives Congress and a member of the party in the state, Edobor Williams, filed before the September 19 Edo Governorship election is alleging that Obaseki lied about his academic qualifications.

The Plaintiffs accused the governor of forging the university certificate he presented to the Independent National Electoral Commission, (INEC) in aid of his qualification for the governorship election.

At the resumed hearing of the case on Wednesday, counsel to the respondent, Ken Mozia (SAN), told the court that he has appealed the ruling of the court which struck out his application to strike out some paragraphs of the plaintiffs’ reply to statement of the first defendant (Obaseki).

He said copies of the record, receipts and acknowledgement letter from the appeal court to buttress the fact that an appeal has been entered at the appellate court.

He therefore argued that the case cannot go ahead at the lower court, holding that the case be adjourned indefinitely until the hearing and determination of the matter at the appellate court.

However, counsel to the plaintiffs, Chief Akin Olujimi (SAN) told the court that he was served with an inproper notice of appeal which is “unauthorised, incompetent record of appeal prepared by Ken Mozia.”

Olujimi said document does not bear record of appeal number apart from the one read out by the counsel.

The number is not on the copy of the record which was served on him.

According to Olujimi it settled in law at the court of appeal that the only way to notify a lower court of the pendency of a stay of proceedings is through compilation and entry of record of appeal is by an affidavit, setting out all the relevant facts and not oral notification to the court by a counsel.

“There is nothing before the court that an appeal has been entered in the court of appeal. In the absence of proper notification, the only thing we can do now is for the counsel to argue stay of proceedings and we shall respond to it.”

According to Olujimi, pre election matters are sui generis that needed to be disposed off within the statutory time adding that the time allowed by statute will elapse next month.

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In his reply, Mozia argued that once a counsel shows proof of pendency of a matter at the appeal court the lower court is bond to adjourn indefinitely.

However, in a bench ruling Justice Mohammed, said the court has a duty to find out whether or not the matter has been entered at the Court of Appeal.

“The only justice, in my opinion, is to adjourn the matter to allow the first defendant to present proof that the matter has entered at the court of appeal,” Mohammed ruled. He subsequently adjourned till 12pm on Thursday.