Appeal Court sacks 2 Kastina PDP Reps members

Appeal Court sacks 2 Kastina PDP Reps members

The Court of Appeal sitting in Abuja on Wednesday, upheld the sack of Aminu Ahmad Chindo representing Katsina Central Federal Constituency in the House of Representatives.

The Independent National Electoral Commission (INEC), in February 2023, announced Chindo of the PDP, winner of the Federal Constituency, defeating his closest challenger Sani Danlami Aliyu of the APC.

Dissatisfied with the the turn of events, Aliyu (a former Commissioner for Sports & Social Development) and the APC approached the tribunal praying the disqualification of Chindo (who also lost the 2019 election for same Constituency).

Through his lead counsel, Ernest Obunadike, Danlami filed a petition against the declaration and return of Chindo. The petitioner accused the 1st respondent of presenting a forged primary school testimonial. (PDP & INEC were listed as 2nd & 3rd respondents respectively).

On September 10, The tribunal led by Justice Olugboyega Ogunfowora, held that by the provisions of section 66(1)(i) of the 1999 constitution (As amended), presentation of false certificate to INEC is a disqualifying factor for any person vying for either a Reps member or as a Senator.

He held that Chindo failed to prove that he had actually attended the then Kofar Soro Primary School.

“The return of the 1st respondent, Aminu Ahmad Chindo of the PDP, as member Katsina Central Federal Constituency, Katsina State of the House of Representative is hereby nullified and set aside, the 1st Petitioner (Aliyu) is hereby returned”, the tribunal held.

The learned Judge also awarded N200,000 in favour of the Petitioners.

Chindo headed to the Appeal Court, the final Court, that increased the fine awarded and put paid to his stay at the green chamber

Similarly, the Appeal Court in a consolidated appeal, also sacked the member representing Kankia/Kusada/Ingawa Federal Constituency in the House of Representatives: Messr Ismail Dalha-Kusada.

The INEC on February 26 declared Dalha-Kusada of the PDP winner with 34056 votes ahead of his closest challenger and incumbent, Abubakar Yahaya-Kusada (APC) with 31017 votes.

Obviously unhappy with the defeat, Yahaya and the APC approached the tribunal seeking the sole relief:

– Disqualification of Dalha-Kusada for presenting a forged Primary School Certificate to INEC.

The tribunal subsequently sacked Dalha-Kusada and ordered INEC to withdraw the Certificate of Return earlier issued and award a fresh CoR to Yahaya of the APC as duly elected.

The PDP & Dalha-Kusada approached the Appeal Court where they met same fate.

On frontloading of statements of oaths of subpoenaed witnesses, the Appellate Court in both cases held that: Official witnesses cannot be frontloaded and they could be summoned anytime by the Court.

The Appellate Court also distinguished the suit from that of the PEPT by holding that in the latter, witnesses were either Party members or those at the behest of the appellant.

The Appellate Court also held that on matters concerning certificate forgery, the issuing authority is the best evidence in determining same.