(UPDATED) Alleged name change: Appeal Court dismisses suit against Gani Audu

The court of Appeal in Benin, on Monday, dismissed the forgery case instituted against the All Progressive Congresses , APC, deputy governorship candidate in the September 19, 2020 Edo governorship poll, Malam Gani Audu.

Audu was sued over alleged forgery of documents grounded on issues around change of name in his documents.

Specifically, an Edo State High Court, in Benin, had nullified the candidature of the APC deputy governorship candidate on the grounds that he presented false information to the Independent National Electoral Commission, INEC, while filling his Form EC9 to enable him to contest the September 19, 2020 governorship election in Edo State.

Justice Courage Ogbebor, gave the judgement in the case brought against Gani Audu by the Plaintiff, Sunday Kadiri, from Agbede ward, in Etsako West Local Government Area (LGA) of Edo State.

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The plaintiff in the matter is from the same council area with Audu.

The consequential order by the court nullifying Audu’s candidature had legal implications for the validity of the governorship candidate, Pastor Osagie Ize-Iyamu.

The import of Justice Ogbebor’s judgment was to render the APC ticket one-legged and defective since a governorship ticket is joint as a decision on a defect in one candidate affects the other.

Gani Audu had headed to the court above to challenge the decision of the Edo High Court.

The Court of Appeal  panel members namely, Justices O.F. Omoleye, B.A. Georgewill and O.E. Oho in a unanimous ruling, declared that the case was statute barred given the fact that it was filed outside the 14-day constitutional threshold.

The Justices accordingly, upheld the appeal of Ize-Iyamu and Audu by setting aside the judgment of the Edo State High Court.

The Appeal Court further ruled that there was no evidence of credentials’ forgery on the part of Audu.