Judge’s ill health stalls hearing in Obaseki’s alleged forgery suit

Ill health of Justice Ahmed Mohammed, on Thursday, stalled hearing in the alleged certificate forgery suit against Edo Governor, Mr Godwin Obaseki.

Meanwhile, Obaseki’s lead counsel, Mr Ken Mozia, SAN, while speaking with journalists shortly after the proceedings was adjourned, showed the original Bachelor of Arts Degree certificate of the University of Ibadan, awarded the governor in 1979.

The APC and one of its chieftains, Mr Williams Edobor, had dragged Obaseki, his party, the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) to court seeking the disqualification of Obaseki in the September 19, 2020 governorship election over alleged forgery and perjury.

They specifically accused Obaseki of forging his Bachelor of Arts in Classical Studies Degree that he submitted to the Independent National Electoral Commission (INEC) in aid of his qualification for the last governorship election in Edo State.

The judge had on Wednesday adjourned hearing for the cross examination of the fourth plaintiffs’ witness, one Raphael Onwuzuligbo, a retired Police officer, who claimed to be a forensic document examiner.

However, the hearing which was initially fixed for 12 noon did not commence until about 2pm.

Justice Mohammed while apologising for the delay said he had “severe attack of malaria” and as such would not be able to go the full hog of the day’s proceedings.

Responding, plaintiffs’ lead counsel, Chief Akin Olujimi, SAN, on behalf of other counsel empathized with the judge, stressing that the judge’s health was of paramount importance to all.

Olujimi did not also oppose suggestion by Mozia, Razak Isenalumhe and Sulaiman Dambaba, lawyers to Obaseki, PDP and INEC respectively that the matter be adjourned till Monday January 4, 2021.

Following agreement by parties in the suit, the judge then adjourned hearing till Monday.

The plaintiffs had at the previous proceedings tendered two additional documents to prove their allegation of certificate forgery against Obaseki.

The two documents which included a University of Ibadan degree certificate, belonging to Dr Emmanuel Balogun and a report by Onwuzuligbo, were admitted in evidence by the court after they were tendered through Olujimi.

The first degree certificate in agricultural science tendered was awarded to Balogun in 1979, the same year with that of Obaseki.

The second document was admitted with a caveat following objections to their admissibility raised by the first and second defendants in the suit.

Before Wednesday, Obaseki’s form EC9 completed and submitted to INEC in aid of his qualification for the governorship poll was also tendered through a subpoenaed witness, Mr Samuel Omale, INEC’s Legal Officer.

However, Balogun, during cross examination on Wednesday, told the court that he had never seen the controversial degree certificate issued to Obaseki by the authorities of the University of Ibadan.

While admitting further that he had never worked in the admission department of the university of Ibadan, Balogun answered that he would not be in a position to make comment on Obaseki’s certificates.

The APC witness who tendered the original degree certificate issued to him by the University of Ibadan in 1979 to buttress the forgery allegation against Obaseki, informed the court that generally, certificates are signed by the Vice Channcellelors and Registrars and that they always bear dates.

Responding to question on process of photocopying of a document, the witness said, when the document to be photocopied was not properly placed in the machine, it was possible for some parts of the original not to be included in the photocopied.

“If you do not scale it some parts will be left out and it will not be a true reflection of the original documents,” he said.

After his discharge from the witness box, attempt by the plaintiffs to call in their fourth witness was challenged by the first and second defendants on grounds that they have exhausted the number of days provided by the court for the plaintiffs to call their witnesses, adding that by the court’s adjournment the previous day, the plaintiffs were to close their case and the first defendant called upon to open its case.

The objections were however overruled by Justice Mohammed, who noted that a lot of issues came up that affected the time given to the plaintiffs, stating that similar consideration would be extended to the defendants.

The first and second defendants similarly, objected to attempts by the plaintiffs to tender the report Onwuzuligbo carried out in respect of the alleged forgery by Obaseki.

However, the matter was adjourned to Thursday for the cross examination of Onwuzuligbo by the defendants.

Meanwhile, speaking with journalists outside the court room, Mozia stated that his client had nothing to hide, adding that the degree certificate issued to him by the authorities of the UI was intact.

He subsequently brought out the original certificate and showed it to journalists and hinted that it would be formally tendered before the court on the next adjourned date to put to rest all the controversies raised by the plaintiffs in respect of the certificate.

As of Thursday, the case had barely 10 days to become barred, whereby anything done afterwards would become meaningless and of no effect.

The case was filed on July 14 and going by the constitutional provisions of 180 days for pre-election matters, is expected to lapse on January 13, 2020.