The legal battle to upturn the declaration and return of Asema Achado as the winner of the election for the Gwer-East/Gwer-West Federal Constituency in Benue State, commenced at the National/ State Assembly elections petition Tribunal in Makurdi.
When the matter came up, counsel to the petitioner, Mr Emmanuel Ukaa, of the Peoples Democratic Party (PDP), Kenneth Ikonne, counsel to the Independent National Electoral Commission, Francis Adejo and that of the All Progressive Congress (APC), Fidelis Mnyim, who also held the brief of Matthew Burkaa, SAN, for Asema Achado all adopted their answers to pre-trial questions earlier filed before the tribunal.
Kenneth Ikonne and Fidelis Mnyim however drew the attention of the tribunal to paragraph 14 of their respective answers to pre-hearing questions of their intention to file certain application before the Court .
Separately, they asked the court for adjournment to enable them move their respective application before the tribunal.
Counsel to INEC Francis Adejo however told the court that he has no pending application to move
After listening to counsel in the matter, the three-member panel led by Justice Amina Aliyu, adjourned the matter to May 20th, 2023,for continuation of the pre-hearing conference.
In Petition No: EPT/BN/HR/12/2023, Mr Ukaa avers that Achado at the time of the election was not qualified to contest the election.
He alleged that, Mister Achado presented a forge certificate to the Independent National Electoral Commission in his Form EC9, wherein Achado certified under oath in paragraph “C, schools attended/Educational qualification with date” that he, Austin Asema Achado, secured various educational qualifications including IJMB certificate, B.Sc and M.Sc Degree in Architecture as well as WAEC and FSLC, whereas he, Austin Asema Achado, had no such qualifications.
According to Ukaa, contrary to express requirement/ stipulation in paragraph C of the the aforesaid Form EC9, Achado withheld/concealed the identities of the schools from which he obtained the said educational qualifications, thereby making the task of verification of both the school and the claimed qualifications impossible.
Mister Ukaa is seeking a declaration that Achado was at the time of the election, not qualify to contest the said election having presented a forge certificate to INEC, first respondent.
He is also seeking an order voiding the declaration and return of Achado of the winner of the election to the House of Representatives for the Gwer-East/Gwer-West Federal Constituency of Benue State.
Mister Ukaa further seeks an order declaring and retuning him as the winner of the election for the Gwer-East/Gwer-West Federal Constituency of Benue State, amongst others.
