Court dismisses suit seeking to remove Atiku Bagudu of Kebbi
The Federal High Court, Abuja on Friday, dismissed a suit seeking to remove Gov. Atiku Bagudu of Kebbi.
The suit which was filed by Mr Anthony Itanyi , Maj. -Gen. Bello Sarkin-Yaki (rtd.), and Sahabi Sami, asked the court to declare Bagudu incompetent to have contested the 2015 governorship poll in the state.
Delivering judgment, Justice Ahmed Mohammed held that the plaintiffs had failed to prove the criminal allegations leveled against the governor.
The governor was joined in the suit with his party, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
The judge maintained that all the exhibits placed before the court by the plaintiffs failed to show that Bagudu was sentenced or fined for any offence by any court or tribunal.
“From the evidence of the plaintiff, I am of the opinion that he has failed to prove through his witness that the first defendant was convicted by a court in the U.S. for criminal offence.
He said that the court could not accord any probative value on the exhibits of the plaintiffs as there was no legal effect in them.
“There are several Supreme Court judgments to the effect that no probative value should be attached to documents that are not tendered in court by the maker of such documents”.
He said the plaintiffs could not prove before the court that the information Bugudu provided in form CF.001 to INEC was false.
The judge said the burden was on the plaintiffs to prove, beyond reasonable doubt, the criminal allegations preferred against the governor.
“On the whole, I see no merit in the suit of the plaintiffs, and it is hereby dismissed. I make no order as to cost”, the judge said.
The plaintiffs had in suit, challenged the eligibility of Bagudu as the governorship candidate of the APC in the 2015 governorship election in Kebbi.They sought among other reliefs, the disqualification of Bagudu as a candidate in the 2015 election and his removal as the governor of the state.
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