‘Differentials in names does not amount to falsity’, Supreme Court rules

In a unanimous judgement delivered by Justice Emmanuel Agim, the court held that the appellant failed to prove his case beyond a reasonable doubt.

According to Justice Agim, “the mere fact that there were differentials in names does not amount to falsity.

“An error in date of birth in a certificate not shown evidentially to emanate from the respondent cannot amount to falsity”.

In dismissing the appeal for lacking merit, the court ordered Ikie to pay N3 million each as costs to the Peoples Democratic Party (PDP) and the Governor.

Chief Ikie, a governorship aspirant of the PDP, had in October 2022 taken Oborevwori and the PDP to court, alleging that the former submitted false documents to the Independent National Electoral Commission (INEC) to aid his qualification for the 2019 House of Assembly election in Delta State.

In the suit which was initially assigned to the Hon. Justice Ekwo of the Federal High Court, Abuja, but was transferred to Asaba, Delta State, Ikie also claimed that as a result of the alleged forged documents, Oborevwori was not qualified to contest the 2023 governorship election.

While denying the allegation of forgery, Oborevwori and PDP objected that the suit was statute-barred, pointing out that documents submitted to INEC in 2018 towards the 2019 general election, could not be a ground for disqualification of a candidate in 2023

While denying the allegation of forgery, Rt. Hon. Sheriff Oborevwori and PDP raised objection that the suit was statute barred, pointing out that documents submitted to INEC in 2018 towards the 2019 general election, could not be a ground for disqualification of a candidate in 2023.

The trial Court upheld the Defendants’ objection, saying that Chief Ikie failed woefully to substantiate the allegations of forgery.

Dissatisfied, Chief Ikie went to the Court of Appeal to appeal the judgment, but the Court of Appeal sitting in Abuja in a unanimous judgment, delivered by Justice Peter Olabisi Ige, upheld the judgment of the trial court and resolved all the issues for determination in favour of Rt. Hon. Sheriff Oborevwori.

Coming down heavily on Chief Ikie for alleging falsification of documents without calling the institutions that issued the certificates to Rt. Hon. Oborevwori, the Court held that Chief Ikie’s case was moribund and could not be revived under any guise.