The People’s Democratic Party (PDP), has asked a Federal High Court in Benin, to disqualify Patrick Obahiagbon of the APC from the the Edo south senatorial election scheduled for 16th February 2019.
Second defendant in the suit numbered FHC/B/CS/5/19, and dated 23rd January 2019, is the Independent National Election Commission (INEC).
The plaintiff alleged that the 1st defendant “supplied false information on oath to the 2nd defendant in the INEC form CF001 at Part B, paragraph A, thereof by virtue of the provision of Section 31(6) of the Electoral Act 2010 (as amended).”
The plaintiff also alleged that, “Exhibit C which forms part of Exhibit B, i.e. the 1st defendant’s 2007 INEC form CF001, conclusively show that the 1st defendant was born on 12th April 1960, contrary to the false declaration in Exhibit A.”
The plaintiff is relying on the two sets of sworn affidavits of support of personal particulars which the 1st defendant submitted to INEC in 2007, with his date of birth as 12th April 1960 and in 2018 where his date of birth is 12th April 1964.
Based on the sworn affidavits, the plaintiff is arguing that there are two different dates of birth which the 1st defendant submitted for purposes of contesting the National Assembly election as Member of the House of Representatives for Oredo Federal in 2007 and as a Senator for Edo south in 2018.
According to the plaintiff, in the Sworn affidavit specifying the Educational institutions that he attended with dates for the 2007 election, the 1st defendant also claimed to have left primary school the year he was born as he said he attended Our Lady of Lords Nursery School, Sapele from 1964 (the year he claimed as his date of birth in 2018) and graduated in 1970.
“Thereafter, from 1971 to 1976 he went to St John Bosco’s Grammar School, Ubiaja for his secondary education before attending the University of Benin from 1983 to 1987 and the Nigerian Law School from 1987-1988.
In the other sworn affidavit specifying the educational institutions, he attended with dates for the 2018 election, the plaintiff is arguing that the 1st defendant said he graduated from Edaiken School Ahmadiyya, Benin City in 1974, Ozolua Grammar School, Ologbo in 1982 while the dates for his graduation from the University of Benin and the Nigerian Law School, remain unchanged.
In addition, based on the same 2007 documents, the plaintiff said the 1st defendant also paraded a purported NYSC certificate of National Service Number NYSC/OD/LAW/88/56766 to show that he completed the service year from 18th September 1988 to 17th September 1989, which was issued in September 1989. The NYSC is however absent in his 2018 documents to INEC.