Governor Godwin Obaseki today, begged the Abuja division of the Federal High Court to adjourn indefinitely, further proceedings in the certificate forgery suit against him on the grounds that he had filed an appeal at the Abuja Division of the Court of Appeal.
Obaseki through his lawyer had applied to the appellate court to challenge the refusal of Justice Ahmed Mohammed of the high court to expunge some paragraphs in the APC’s reply to his affidavit.
While moving a motion for stay of further proceedings, Mozia told the court that the records of proceedings have been transmitted to the Court of Appeal and that the notice of appeal has been entered at the appellate court with appeal number CA/ABJ/CV/1072/2020.
He canvassed that since the decision of the high court refusing to expunge some paragraphs in APC’s reply is being challenged it is a law, for the lower court to hands off from the matter pending the outcome of the appellate court’s decision.
Mozia who cited authorities in support of his argument insisted that the high court must await the decision of the Court of Appeal before anything could be done in the matter.
However, Chief Akin Olujimi, who argued for APC urged the court to dismiss Obaseki’s motion for indefinite adjournment of the certificate forgery suit on the grounds that it was a pre-election matter and was bound by time.
Olujimi contended that since the case had a life span of 180 days which would terminate by January 2021, it was in the interest of justice for the court to continue with proceedings.
His words, “Notwithstanding the documents produced by Obaseki in support of his request for sine die adjournment, this court is still endowed with jurisdiction to proceed with hearing in this certificate forgery suit.
“This court is bound to continue with the hearing since the suit is sui generis (its unique). Nothing shall be done to clog the smooth wheel of proceedings in a suit of this nation especially in line with fourth alteration act.”
Justice Ahmed Ramat Mohammed has reserved ruling in the motion filed by the governor. He said ruling on the motion will be delivered on December 15, 2020.
The APC In the suit marked FHC/B/CS/74/2020, prayed the court for an order disqualifying Obaseki from contesting the September 19 governorship election in Edo State on the grounds that he supplied false information on oath to INEC, an act said to be contrary to Section 31(5) and (6) of the Electoral Act, 2010.
The party accused the governor of forging his university certificate presented to INEC in aid of his qualification for the governorship election in Edo State.
APC also claimed that there are discrepancies in the subject Obaseki claimed he passed in his West African Examinations Council (WAEC) exam.
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