Malik Yahya/
The Federal High Court in Abuja today disqualified Chukwuma Francis Ibezim as the All Progressives Congress’ candidate for the Imo North senatorial bye-election scheduled to hold tomorrow.
The judgement is coming the same day a Court of Appeal sitting in Owerri, Imo State, sacked Senator Ifeanyi Araraume as the candidate of the APC for the December 5 Imo North Senatorial Bye-election.
Justice Inyang Ekwo made the order disqualifying the APC candidate for making false statements or declarations in the affidavit and documents submitted to the party and the Independent National Electoral Commission for his nomination as the party’s candidate.
The judge specifically held that Ibezim “bears two different and irreconcilable names” and presented three falsified West African Examination Council results for the same examinations.
The suit marked FHC/ABJ/CS/1229/2020/ was filed by Asomugha Elebeke, one of the aspirants who had expressed interest to contest the party’s primary for the bye-election.
Justice Ekwo, who upheld Elebeke’s case on Friday, noted in his judgment that the APC had disregarded the report of the screening committee and the screening appeal committee which had both disqualified Ibezim from being nominated as the party’s candidate in the bye-election.
He said Ibezim “bears two different names, ‘Ibezim, Chukwuma Francis’ and ‘Ibezim Chukwuma Frank’ without an affidavit to reconcile the difference in the two names”.
The judge said, in one of the documents the name appeared as Chukwuma Francis Ibezim “which in the proper English arrangement of personal name, the surname would be Ibezim, the first name would be Chukwuma, and, the middle name would be Francis”.
But he also said Ibezim in deposing to the affidavit in support of personal particulars stated that his surname is Ibezim and the other names are Chukwuma, Francis.
The judge added, “In the proper arrangement of his name beginning with the surname, it would be, Ibezim, Chukwuma Francis as stated in Exhibit A29.
“However, looking at Exhibits A26, A27, A28 and A30 the name there is Ibezim Francis Chukwuma. This means that surname of the person in Exhibits A26, A27, and A28 is Chukwuma; the first name is Ibezim and the middle name is Francis.
“Again, Looking at Exhibit A30, the name of the person there is Ibezim Chukwuma Francis. This again means that the surname of the person therein is Francis, the first name is Ibezim, and, the middle name is Chukwuma.
“By Exhibits A22, A23, A26, A27, A28, A29 and A30, the 1st defendant gives his name as Ibezim, Francis Chukwuma, Ibezim Francis Chukwuma, and, Ibezim Chukwuma Francis.
“Upon examining these names, I find that the 1st defendant portrays himself by different names”.
On the issue presentation of three WAEC results, the judge said, “The three results are in respect of one and the same May/June, 1980 with Examination Number as 11631041.
“In Exhibits A24 and A26, it was recorded that the 1st defendant sat for nine subjects, while in Exhibit A25, it was recorded that the 1st defendant sat for seven subjects.
“The three West African Examination Council results submitted by the 1st defendant are photocopies and/or computer printout.
“The documents were not certified or authenticated by West African Examination Council for the purpose of confirming that the 1st defendant truly sat for the examinations or that West African Examination Council issued the results/certificate.”
Disqualifying the Ibezime, the held, “Now that I have found that the information contained in the affidavit and other documents submitted by the 1st defendant to the 2nd and 3rd defendants is false, I enter judgment as follows:
“A declaration is hereby made that the 1st defendant is not qualified/eligible for nomination to contest Imo North Senatorial bye-election having made false statements/declarations in the affidavit and documents he submitted to the 3rd defendant for the purpose of contesting Imo North senatorial bye-election.
“An order of injunction is hereby made by restraining the 3rd defendant from accepting the nomination 1st defendant as the 2nd defendant’s candidate for Imo North senatorial bye-election.
“This means that this court has issued an order disqualifying the 1st defendant from contesting the Imo North senatorial bye-election election.”
This is coming a few hours after the Court of Appeal sitting in Owerri, Imo State, sacked Senator Ifeanyi Araraume as the candidate of the All Progressives Congress for the December 5 Imo North Senatorial Bye-election.
The court, in its judgment delivered by Justice Uchechukwu Onyemenam on Friday, nullified the November 6 ruling of the Federal High Court which declared Araraume as the authentic candidate of the APC.
It also ordered INEC to replace the former senator’s name with Frank Ibezim, whom it said won the party’s primary.
0