Appeal Court upholds disqualification of Ibezim, says documents were forged

In a yet another twist to who represents Imo North senatorial district in the National Assembly, the Court of Appeal in Abuja, on Saturday, upheld the disqualification of Chukwuma Francis Ibezim as candidate of the All Progressives Congress (APC) in the December 5, 2020 senatorial bye-election.

A three-man panel of justices of the Court presided over by Justice Abubakar Yahaya, in a unanimous judgment, agreed with Justice Inyang Ekwo of the Federal High Court, Abuja, that Ibezim submitted false information to the Independent National Electoral Commission (INEC) in aid of his qualification for the Imo North Senatorial bye-elction.

Justice Ekwo had, in a judgment, delivered on December 4, 2020, sacked Ibezim as candidate of the APC for the bye-election.

Ekwo had disqualified Ibezim from contesting the election on the grounds that he made false declarations in the affidavit and documents he submitted to his party, the APC and INEC.

The false information was in respect of his West African Examination Council (WAEC) certificate wherein the judge held that the names on the documents were not only different but irreconcilable and accordingly ordered his disqualification from the bye-elction.

Dissatisfied, Ibezim then approached the appellate court to set aside his disqualification.

However, delivering judgment in the appeal on Saturday, Justice Stephen Adah, who read the unanimous judgment of the Court of Appeal, held that the judgment of the trial court cannot be faulted since it was evident that the appellant submitted false information to APC and INEC.

Justice Adah stated that no other person other than the institution that awarded certificate can lawfully effect correction on them.

He advised that candidates must be diligent with the way they put their names in documents, stressing that it was a serious thing if a person’s name was misplaced or spelt wrongly.

The court also disagreed with Ibezim that the case was statute barred, because from available regards it was filed 11 days after the cause of action.

According to the appellate court, the legal action was instituted on September 23, 2020, whereas INEC had received the said forged documents from the APC on September 13, 2020.

“The appeal lacks merit and it is accordingly dismissed,” Justice Adah said.

Recall, yesterday (Friday), the Supreme Court dismissed two appeals filed by Senator Ifeanyi Ararume, in which he sought among others, court order to declare him the candidate of the APC in the said bye-election for Imo North Senatorial District.

A five-man panel of the court, headed by Justice Amina Augie, in two judgments, affirmed the judgments of the Court of Appeal, Owerri division, which voided the proceedings and decisions in the suit filed by Lady Uchenna Onyeiwu Ubah before the Federal High Court in Owerri.