Court Dismisses Certificate Forgery Case Against NNPP’s Khamisu Mailantarki
Chima Azubuike
The Federal High Court Gombe has dismissed certificate forgery case against the gubernatorial candidate of New Nigeria Peoples Party (NNPP), Khamisu Mailantarki.
Our Correspondent reports that the suit was instituted since 4th August 2022, by Peoples Democratic Party (PDP) and its governorship candidate Jibrin Barde, against NNPP, Independent National Electoral Commission (INEC), and Khamisu Mailantarki.
Briefing Journalists during the weekend in Gombe, Barr. Herbert Nwoye, described the attempt to have Mailantarki disqualified as baseless, “because they could not in any manner substantiate their claim,” he said.
According to him, the PDP sought to have Mailantarki’s name removed from the list of candidates to contest March 11 governorship election in Gombe State, adding that they perceived him as threat to their aspiration.
He wondered why the alleged issues in NNPP were of concern to the plaintiff, “they have their elections to conduct, you left it to probe whether another party has submitted list of its members before election. Upon the suit instituted in the Federal High Court Abuja, that was later sent back to Gombe for hearing because of the peculiar circumstances as disclosed by the claim,” Nwoye said.
The Lawyer explained that the judge dismissed the case, following the failure of the plaintiff to file their case within 14 days to the cause of action based on extant provision in section 285.
“The court on Wednesday delivered it judgement dismissing the suit, sustaining the preliminary objection on account of locus standi. That the plaintiff didn’t comply with requirements of section 285 that requires that such suits should be filed within 14 days from the time the cause of action accrued.
“The cause of action accrued from the time the primaries of NNPP took place because their contention was that the NNPP did not submit list of its registered members which by law according to them should have been done 30 days before the election. The NNPP conducted its primaries sometimes in May and they did nothing until the 4th of August. The court said from May to 4th of August they lost their rights to instituting the action and had it dismissed for non compliance,” he added.
Speaking on what the recent judgement portend for his client, Nwoye said, “The court sustained our preliminary objection. Our client Mailantarki is on a firm foundation as regards to his competence, the legitimacy or otherwise of his candidature as the flagbearer of NNPP for the governorship election of Gombe State.
“It portends brightness to his (Mailantarki) aspiration, good chances atleast someone saying you are not qualified, you are having forged documents is very wrong. Mailantarki has no impediment, no barrier.”
