The Court of Appeal in Abuja has upheld the judgment of Federal High Court and affirmed the election of Mustapha Usman as the member representing Yola South, Yola North, and Girei Federal Constituency of Adamawa State.
Justice M.B. Idris of the Appeal Court, on Tuesday, dismissed the appeal by Abdulrauf Modibbo Girei for lacking in merit.
In its judgment, the Appeal Court upheld the judgment of the Federal High Court, which disqualified Abdulrauf, Member representing Yola South, Yola North and Girei Federal Constituency over false information to INEC.
Justice Inyang Ekwo of the Federal High Court had in the judgment on May 3 also ordered the APC and INEC to recognize Mustapha Usman, who came second in the party primary of October 7, 2018, as the winner of the February 23 National Assembly election for Yola South, Yola North, and Girei Federal Constituency of Adamawa State.
The court held that Usman had established against Abdulrauf the offenses of false age information, forgery of First School Leaving Certificate, and participating in partisan politics while serving as a member of the National Youth Service Corps (NYSC).
The Judge ruled that Abdulrauf has violated Paragraph 9 of Section 4 of the NYSC Act. “No law, not even the 1999 Constitution, envisages that a person can be serving a member of the House of Representatives and at the same time a serving corps member.
“Even if the penalty is an extension of service for a period of three months as stated in the 9th Paragraph, Section 4 of the NYSC Act, a person who is a lawbreaker cannot be allowed to also be a lawmaker. Therefore, no person must be allowed to benefit from his illegal activity,” he said.
Usman had brought the action through his lawyer, Olugbenga Adeyemi Esq alleging that Modibbo supplied false information to INEC in Form CF001 where he stated that he was born on 29th September 1985, while on February 1, 2012, he made a declaration before an Adamawa High Court that he was born on 29th September 1986.
The court noted however that the failure of Modibbo to appear to defend the allegations was bad for his case. Moddibbo said he would appeal the judgment at the Supreme Court.