The court specifically held that the subject matter of the suit fell within the jurisdiction of the National Assembly Election Petition Tribunal, even as he faulted Braimoh over his commencement of the suit by a way of originating summons instead of by writ in view of the contentious nature of his case against the serving Senator Obende.
The trial high court judge, Justice Abdul Kafarati who though did not go into the merit of the forgery allegation against Senator Obende however held that Braimoh’s suit was an abuse of court process and that it was brought purposely to embarrass Senator Obende.
Justice Kafarati consequently awarded a total N100,000 cost against Brahimoh. But Senator Braimoh who was in court yesterday to listen to the judgement however rejected the verdict, saying he was going to appeal it.
He told newsmen after the court sitting that the verdict by the trial judge was against the weight of the evidence brought before it to establish that it had subject matter jurisdiction to hear the case. But the camp of incumbent Senator Obende applauded the judgement as the best in the circumstance.
Obende’s counsel however added yesterday that if the plaintiff who lost the case was going on appeal, they would meet them there.
The judgement which lasted about 32 minutes did not go into the merit of the case after determining the string of preliminary objections brought against the hearing of the matter.
The Peoples Democratic Party (PDP) and its candidate in the April 9, 2011 senatorial election in Edo North, Senator Braimoh invoked the original jurisdiction of the Abuja Federal High Court by way of originating summons.
They had contended that the issues involved were those of law and interpretation of statutes. Specifically, they alleged that Obende, who is currently representing the Senatorial District in the Senate, used forged First School Leaving Certificate to secure Form CF001 from the Independent National Electoral Commission (INEC).
Arguing through his counsel, Mamman Osuman (SAN), the plaintiff relied on the provision of section 66(2) (a) of the 1999 Constitution, as amended, to insist that the lawmaker ought to vacate his seat in view of the alleged certificate fraud, even as he pleaded the court to direct the 3rd defendants in the case, INEC, to withdraw the Certificate of Return issued to the 1st defendant.
Also joined as defendants in the suit were the Action Congress of Nigeria (ACN), the National Assembly and the Inspector General of Police. The litigants pleaded the court to determine whether if the allegation is confirmed, it should not culminate in the invalidation of the results credited to Obende, who won the senatorial contest on the platform of the ACN.
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