By Queen Kunde
The Federal High Court sitting in Jalingo, Taraba State has dismissed the case of Chief David Sabo Kente against Senator Emmanuel Bwacha and two others.
You would recall that the Plaintiff, Chief David Sabo Kente instituted the action against Senator Bwacha alleging that he submitted forged certificates to INEC which are his primary School Certificate and his Degree Certificate issued by the University of Jos.
The case which saw a lot of objections came to its peak when both parties adopted their Written Addresses from 10:00 pm and rounded up at midnight. Judgment was then billed for delivery on Saturday at 4 pm but was later adjourned to 7 pm.
At exactly 8:34 pm, the learned trial Judge came in to deliver his judgment. The Plaintiff, David Sabo Kente was represented by his Counsel, J.M Yuwa Esq along with P.D Pius Esq and L.L Takdok Esq. The 1st Defendant, INEC was not represented. The second Defendant, All Progressive Congress was represented by Counsel from the office of the learned Silk, Festus Kayode Idepefo. They are Boniface Iorkumbur Abaayo Esq, M.D Arosanyi Esq, S.Y Audu Esq, and Michael Ugah Esq. The 3rd Defendant, Senator Emmanuel Bwacha was represented by the Ibrahim Effiong Esq team. Those in court were Associate Professor David Agbu Esq, D.G Tukura Esq, C.C Ichelu Esq, Shiebee Gyer Esq, S.B Wariyaki Esq, Joshua Jeremiah Esq, and B.D Akawu Esq.
The learned trial Judge in delivering his judgment dismissed the Preliminary Objection raised by the 2nd Defendant that the Plaintiff lacks the locus standi to institute the action and held that the Plaintiff very much has the legal capacity to sue.
In the substantive suit, the Judge relied on authorities of IBEZIM VS ILEBEKE, ADINO VS SOLUDO, and APC VS OBASEKI, which are all to the effect that where a Plaintiff alleges that a Defendant forged Certificate, it behooves on him to call the issuing institution to come and testify that they did not issue the certificate and the Plaintiff must also call the owner of the certificate, finally, he must tender both the original certificate and the forged certificate. The Plaintiff in this case did not carry out all these.
By this judgment, Senator Bwacha has crossed another huddle, remaining the final one which is the Supreme Court judgment slated for the 31st of January 2023.