The presiding judge, Justice Ijeoma Ojukwu, made the declaration while delivering judgment in the suit brought before her by Enoh, seeking to disqualify Otu as the gubernatorial candidate of APC.
Enoh, who was one of the aspirants in the May 2022 governorship primary, had filled a case against the Independent National Electoral Commission (INEC) and Otu, seeking his disqualification as APC gubernatorial candidate for Cross River.
In Suit No: FHC/CS/95/2022, Enoh had argued that the APC governorship screening committee had earlier disqualified Otu for allegedly failing to present his First School Leaving Certificate and West African Examination Council (WAEC) for screening.
But, in her ruling, Justice Ojukwu said: “A candidate contesting for the position of governor must be a Nigerian, meet the stipulated age requirement and possesses basic qualification according to the Constitution. The matter of determination of governorship candidature of a political party is and still remains the right of a political party.
According to the judgment, the plaintiff could not establish the allegation of forgery in the seven-paragraphed affidavit summited.
In her words: “The plaintiff failed to provide what constitutes false information provided by the third defendant, who is the candidate of his party in his affidavit or any document submitted as contained in the constitutional requirement.”
“There is nowhere in the seven paragraph affidavit submitted by the plaintiff that the third defendant submitted any false information.
“The allegation of forgery was not established in any manner. None of the documents or certificates submitted by the third defendant gave evidence of forgery.”
