Double Jeopardy For PDP’s Lagos East Candidate As Court Orders Trial Afer Poll Loss

A judge of the Federal High Court Ikoyi, Justice Chukwujekwu Aneke, has directed the Inspector-General of Police (IGP), Mr. Mohammed Adamu,  to arraign  Babatunde Gbadamosi, the candidate of Peoples Democratic Party (PDP) in last weekend’s Lagos East bye-election for alleged forgery and perjury.

Justice Aneke gave the directive on Tuesday following a motion filed by the All Progressives Congress (APC), Lagos State, seeking to direct  the IGP to arraign and prosecute  Gbadamosi.

GWG writes that before the court granted the order on Tuesday, counsel to the APC, Mr. Olukayode Enitan (SAN) informed the court that he had filed an ex parte motion, affidavit in support, statement in support, verifying affidavit and written address to support his application

Also, the applicant also disclosed that he had equally tendered exhibits to assist the affidavit and another affidavit has already been filed before the court.

Enitan, also argued that all the conditions required for the application to be granted had been fulfilled and so he urged the court to grant the request.

After listening to Enitan, Judge Aneke consented to his argument and consequently granted the request as he adjourned hearing of the originating summons for Mandamus until January 28.

The APC in Suit No: FHC/L/CS/1661/2020 had filed for the issuance of a prerogative Writ of Mandamus to direct the IG to carry out his duty by investigating Gbademosi for allegations of forgery, perjury, fraud and failure to undertake in the mandatory national youth service.

The APC, through its counsel, in pursuant to Order 34 Rules 1 and 3 of the Federal High Court (Civil Procedures) Rules, had filed an application asking the court to investigate and prosecute the PDP candidate.

The APC stated that the allegations  “are offences under the provisions of Sections 465, 467 and 117 of the Criminal Code Act, 2004 and the National Youth Service Corps (Amendment) Act, which according to the party, placed duty upon the IG to investigate and prosecute the PDP candidate.”

In line with the Criminal Code Act and NYSC Act, the APC had  stated that the IG “is under a duty to investigate and prosecute Gbadamosi for the offences of forgery, perjury, fraud and failure to participate in the National Youth Service as contained in Form EC9 and CF001 he submitted to INEC”.

The ruling party had clarified that Gbademosi had committed many offences  like forgery, fraud and perjury, for which he should be investigated and prosecuted by the IG.

It had declared that the IG “is by virtue of the Police Act duty bound to investigate complaints and petitions lodged at his office. The petition was received and duly acknowledged November 11, 2020.

“Despite being in receipt of the petition, the inspector-general has failed, neglected and or refused to commence investigation of the PDP candidate as requested.”

In view of these, the APC said it was upset  as it is now seeking to direct the inspector-general “to perform its statutory duties under the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Police Act”.

In another litigation with Suit NO: FHC/L/CS/1659/2020, the party sued Gbadamosi and the  Independent National Electoral Commission (INEC) for allegations of forgery, perjury, fraud and failure to perform the one-year mandatory national youth service.

According to the APC, it has found some mismatch in the certificates, which  it says shows the fact that the WAEC certificate the PDP candidate submitted to the INEC might have been doctored.

APC also posited that that some of the discrepancies discovered in Gbadamosi’s WAEC certificate comprised the fact that the number of subjects Gbademosi enrolled for “is different from the number of subjects he sat for as contained on the website of WAEC.

“Also, the grades he claims to have received via the certificate is different from that contained on the official website of WAEC,” the APC declared in its writs of summon.”

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