Court dismisses suit seeking to unseat Kebbi Governor, Bagudu
Bagudu’s main opponents in the April 11, 2015 governorship election in Kebbi State, Major General Bello Sarkin-Yaki (rtd.), Anthony Itanyi and Sahabi Sami, had in the suit No. FHC/ABJ/CS/312/2015 asked the court to declare Bagudu incompetent to contest the governorship election in the state.
But the trial Judge, Justice Ahmed R. Mohammed, in the judgment delivered yesterday held that the plaintiffs have failed to prove the criminal allegations preferred against the governor, who was joined in the suit with his party, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
Justice Mohammed stated that all the documents (exhibits) placed before the court by the plaintiffs failed to show that Governor Bagudu was sentenced or fined for any offence by any court or tribunal.
According to him, the court cannot accord any probative value on the exhibits of the plaintiffs, as there was no legal effect in them.
He said: “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 added that the plaintiffs could not prove before the court that the information the first defendant (Bugudu) provided in form CF.001 to INEC was false and that from the evidence of the plaintiffs, he was of the opinion that he has failed, through his witness who told the court that the first defendant was convicted by a court in the United States of America for criminal offence.
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