Ogun lawmaker challenges court’s jurisdiction on alleged forgery
A member of the Ogun State House of Assembly, Adebiyi Adeleye yesterday challenged the jurisdiction of the Federal High Court sitting in Abeokuta, the state capital to entertain a forgery and age falsification suit filed against him.
Adeleye, a member of the All Progressives Congress (APC) representing Remo North State Constituency submitted that “the case was invalid, incurably defective and was not instituted in accordance with due process.”
Two residents of Remo North Local Council area of the state, Olumuyiwa Onamuyiwa and Wasiu Gbadebo, had filed a suit alleging forgery and perjury against Adeleye.
Counsel to the plaintiffs, Mike Ozekhome, said the lawmaker was accused of age falsification and presenting forged school certificates to the Independent National Electoral Commission (INEC) before the last April 11, 2015 election.
The Independent National Electoral Commission (INEC), represented by its counsel, M.O. Tairo, was joined as the first defendant in the suit.But, at the resumed hearing yesterday, counsel to the lawmaker, Olufemi Adeniyi told the court that he had filed a response to the originating summons of the plaintiffs.
Adeniyi added that he had also filed an application pursuant to Section 6 subsection 6 of the 1999 Constitution and Order 48 Rule 4 of the Federal High Court (Civil Procedure Rule) 2009 to regularise the defendant’s position.
He also said his client had filed a notice of preliminary objection, dated Monday, June 20, 2016, challenging the jurisdiction of the court to entertain the matter.
The application read in part, “The originating process filed by the plaintiffs/respondents is invalid and incurably defective. Consequently the suit was not instituted in accordance with due process.”Adeniyi prayed the court to extend the time within which to file and serve the parties all necessary processes.
But B.J. Omirin, who held brief for the counsel to the plaintiffs, said they intend to reply the application filed by Adeleye.Omirin, however, argued for more time, which was turned down by the presiding judge, Justice A.T. Mohammed, who later adjourned to Thursday, June 30 for hearing of the application.