Supreme Court Clears Suswam Of Certificate Forgery Allegations Brought By Kakih.!
The Supreme Court has cleared the Benue State Governor Gabriel Suswam of allegations of certificate forgery brought against him by a former governorship aspirant of the Peoples Democratic Party (PDP), Mr. Terver Kakih.Kakih who lost the January 9, 2011 governorship primaries by 6 votes to Suswam who scored 976 votes had challenged his opponent’s qualification to contest the governorship poll on grounds of alleged forgery of his GCE certificate.He also alleged that the ward and state congresses of the party were conducted in violation of the PDP constitution and provisions of the Electoral Act 2010 as amended and sought the court’s relief declaring him as the duly elected candidate of the party and therefore, the winner of the April 26, 2011 governorship election in the state.The five-man panel of the Supreme Court led by Justice Suleiman Galadima in a 62-page judgment, on Friday, unanimously held that Kakih’s appeal lacked merit and consequently threw it out. The court also upheld the concurrent judgment of the Federal High Court, Makurdi, delivered on July 11, 2012, as well as the Court of Appeal, Makurdi, which had onMarch 5, 2013, dismissed the case.The court held that the appellant, Kakih had failed to prove beyond reasonable doubts, the criminal allegation of certificate forgery against governor Suswam as required under section 362 of the Penal Code.“..there is no piece of evidence led by the appellant to prove that the 4th respondent (Suswam) presented forged certificate to either 1st (PDP) or 2ndrespondent (INEC) or that he swore falsely to an affidavit stating facts relating to his certificate which are false in order to bring his case within the ambit of section 31(5) of the Electoral Act 2010.“The appellant having failed to show that the concurrent finding of facts by the lower court is perverse, thereby, occasioning miscarriage of justice. I cannot disturb same and the conclusion by the appellant claim is frivolous, brought malafide, vexatious and unmeritorious. In the light of all I have been saying, I dismiss this appeal and affirm the decision of the lower court” Galadima declared but did not award any cost to the respondent.Citing section 131-134 of the Evidence Act, the justice ruled that the appellant filed the appeal out of sentiments without any supporting facts or evidence adding that political sentiments “command no place in judicial deliberations.”
