The court of appeal, Benin Division has dismissed the certificate forgery case against Pastor Osagie Ize-Iyamu, the running mate to Mr. Ganiyu Audu, deputy Governorship Candidate of the All Progressives Congress (APC) in Edo State held on September 19, 2020.
In a unanimous judgement on Monday by a three-man justices led by Justice O. F. Omoleye, dismissed the petition of the first respondent, Kadiri Sunday Oshoakpemhe and others bordering on alleged certificate forgery suit marked: CA/B/12/2021 against the appellant, Ganiyu Audu.
Justice B. A. Georgewill who read the judgement, upturned the decision of the lower court, following his failure to prove the fact that the appellant forged his certificate with no cost.
It held that the suit filed on the 17th of July 2020, by the first respondent was statute-barred haven been filed outside the Constitutional 14 days period when the cause of action arose when form EC9 of the appellant was published by INEC.
Justice O. F. Omoleye, held that the first respondent filed the suit on the 17th of July 2020 outside the Constitutional 14 days period when the cause of action arose when form EC9 of the appellant was published by INEC.
It therefore resolved that the cause of action arose on the 2nd of July 2020 when form EC9 of the appellant was published by INEC instead of the INEC timetable which was 6th of July the respondent relied upon, but 2nd of July 2020 adding that Ganiyu, was eligible to contest the governorship election.
Addressing journalists, Counsel to the first respondent, Joseph Odibili, said the matter was not academic.
“There were live issues and that out client has the right to institute the action against him”.
On his part the counsel to the appellant, Mr. Emmanuel Uso, said that the appellant did not forge his certificate.
He stated that no other person has come to claim that those certificates belong to any other person and that those certificates were validly issued to Ganiyu Audu.
“The disqualification placed on him by the lower court has been upturned, dismissed by the court of appeal”, he said.