The Federal High Court, Abuja on Friday dismissed the suit filed by one Elvis Chinda seeking to disqualify Rivers governor, Mr Nyesom Wike from contesting the March 9 governorship election.
Justice Inyang Ekwo dismissed the suit while delivering judgment in a suit filed by Chinda asking the court to disqualify Wike.
Chinda had in the suit, asked the court to disqualify Wike from contesting the election on the grounds that the birth certificate he presented to the Independent National Electoral Commission, (INEC) was forged.
Justice Ekwo in his judgment noted that Wike did not have immunity from being sued on an election related matter as has been argued by his counsel, Mr Ferdinand Orbih, (SAN).
The judge held that the suit was purely a pre- election matter as the reliefs sought by the plaintiff was to disqualify Wike from contesting an election.
Justice Ekwo maintained that being a pre-election matter, the suit was status barred because it was not commenced within the 14 days stipulated by law.
The judge opined that the plaintiff’s position that the cause of action arose on Nov.13 2018 when he obtained a Certified True Copy of the INEC document containing the forged birth certificate, was strange to him.
According to the judge, the cause of action arose when the plaintiff had reasonable grounds to believe that Wike submitted a forged birth certificate to INEC.
” As at March 7, 2018 when he applied to INEC for the document he had reasonable grounds to believe that the document was forged. “
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