Age falsification: Court reserves judgment in C’River gov’s case

A Federal High Court in Abuja has fixed July 22 for judgment in a suit of alleged age falsification levelled against the recently inaugurated governor of Cross River State, Benedict Ayade.

The suit instituted by a Peoples Democratic Party governorship aspirant in the state, Chief Joe Agi, who is also a Senior Advocate of Nigeria, sought an order removing Ayade as governor on the basis of the age falsification allegation.

‎The 1st and 2nd defendants are the PDP and the Independent National Electoral Commission. Ayade is the 3rd defendant in the suit.

Justice Abdukadir Abdulkafarati fixed the case for judgment on Wednesday.

The plaintiff, who was runner-up to Ayade in the governorship primary organised by the PDP held in Cross River State on December 8, 2014, alleged that Ayade had, on oath in different affidavits, given conflicting dates as his year of birth.

‎The plaintiff alleged that Ayade in the nomination form, Code PD 003/G, which he ‎submitted to the party,  stated on oath that he was born on March 2, 1969.

‎Agi added that the age declaration which Ayade attached to the form deposed to by his (Ayade’s)  brother, Frank Ayade‎, before a Cross River State High Court at Oleh on ‎February 1, 2007, indicated that the defendant was born in 1968.

The plaintiff also contended that the governor, while applying for admission in the University of Ibadan, gave an age declaration stating that he was born on March 2, 1966.

In a supporting affidavit the plaintiff personally deposed to before the court, he averred: “That ‎the 3rd defendant in completing his Nomination Form: Code PD 003/G annexed hereto as Exhibit JA2 states that he was born on March 2, 1968.

“That the 3rd defendant again on oath in completing his Form C.F.001 which is on oath and submitted to the 2nd defendant stated that he was born on March 2, 1969.

“That the 3rd defendant attached another age declaration sworn to on November 20, 2014, that he was born on March 2, 1968, and under oath stated that he was born on March 2, 1969 in Form C.F 001. A certified true copy of the 3rd defendant Form C.F 001 with the various attachments is annexed hereto as Exhibit JA10.

“That the 3rd defendant attended University of Ibadan from 1984 to 1988, 1989 to 1990 and 1990 to 1994 where he obtained his Bachelor of Science degree in Microbiology in 1988, Masters of Science in Microbiology in 1991 and Doctor of Philosophy in the Faculty if Science in 1994 with Matriculation No. 41649.

“That in applying for admission in the University of Ibadan, the 3rd defendant gave an age declaration stating that he was born in March 2, 1966.”

The plaintiff asked the court to determine among other issues,  “Whether in the circumstance, Benedict B. Ayade, is qualified to contest or be nominated without breaching the guidelines and constitution of the PDP and section 177(c) of the Nigerian ‎Constitution, 1999, as amended.”