The Federal High Court, Uyo, Friday evening, dismissed the WAEC certificate forgery case brought before it by Akwa Ibom PDP governorship aspirant, Mr Akan Okon against Pastor Umo Bassey Eno, the PDP governorship candidate for the 2023 elections.
Okon had in a suit number FHC/UY/CS/110/2022 dragged Eno before the court on allegations of forged 1981 and 1983 WAEC certificates, PVC and age declaration and joined PDP and INEC as defendants in the case.
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He, therefore, asked the court to declare Eno unqualified to hold the ticket but to declare him as the standard bearer of the May 26 PDP governorship primary held at Godswill Akpabio International Stadium, Uyo.
But in the judgement, Justice Agatha Okeke, the presiding judge, dismissed the case for lack of merit and held that all the claims by the plaintiff were based on assumptions and speculations.
Earlier, the court had overruled the application by the 1st and 2nd defendants, Pastor Umo Eno and PDP challenging its jurisdiction.
It upheld the argument of the plaintiff, Mr Okon, and ruled that it has the jurisdiction to entertain the matter.
Court’s verdict
Delving into the kernel of the case, the Court held that the plaintiff failed to fulfil the conditions for the use of a document as evidence.
The court reasoned that the document tendered by Akan Okon did not carry any authentication, as the petitioner admitted to having received it electronically through email and WhatsApp.
The document, according to the court, was not in its original form and he (Okon) was said not to have proven that he was a member of the organization, (Association for the Advancement of Democracy in Nigeria).
The Court rejected evidence submitted by Akan Okon’s Forensic Expert, saying Akan Okon’s witness, the forensic expert, failed to prove the authenticity of the photographs he claimed to have used in carrying out forensic examination.
The court, however, queried the process of transmission of the evidence to the Forensic Expert and rejected it.
Furthermore, the Court agreed that Barr Emmanuel Essien had every right as a staff of the office of the Commissioner for Justice in Akwa Ibom State to tender the documents from WAEC which where confirmation of results of Umo Bassey Eno of 1981 and 1983.
On documents tendered by Akan Okon as Pastor Umo Eno’s academic records from the University of Uyo, the court held that there were no certified true copy of those documents as required by the Section 84 of the Evidence Act, and the makers were not made to authenticate the documents.
The documents were then thrown out by the court.
N15m cost to defendants
The court, therefore, awarded N15 million cost against Mr Okon in favour of Pastor Umo Eno, PDP and INEC who were defendants in the case.
The plaintiff’s lead Counsel was Okey Amaechi, a Senior Advocate of Nigeria, during the court proceedings.
Paul Usoro, SAN, Offiong Offiong, SAN, Essien Udom, SAN, Uwemedimo Nwoko, SAN, Barr Emmanuel Enoidem, Barr Goddy Umoh and Utibe Nwoko, among members of the legal team of Pastor Eno and PDP witnessed the ruling.
Our correspondent reports that members and supporters of the Peoples Democratic Party, lit the sky of Uyo, the state capital as soon after the ruling, thus calming frayed nerves and fear which hitherto enveloped the camp of Umo Eno, Governor Udom Emmanuel’s preferred candidate.
