|
New Page 4
Certificate scandal: Gov Donald Duke knows fate Jan. 14
MALACHY UZENDU, Abuja
The Federal
High Court, Abuja division has fixed January 14, 2005 for ruling on the joinder
application filed by Governor Donald Duke of Cross River State over an alleged
certificate forgery levelled against the governor by some persons in the state.
The governor, who felt that matters
bordering on his integrity should not be left in the hands of parties other than
himself, approached the same court with an application to be joined in the suit
as one of the parties even when he enjoyed constitutional immunity sequel to
section 308 from both civil and criminal prosecution while in office.
Mr. Ojoi O. Ojoi, a member of National
Democratic Party (NDP) in the state had gone to court with an ex-parte
application seeking for an order of mandamus compelling the Inspector - General
of Police (IGP) to investigate the authenticity or otherwise of the certificates
submitted by the governor while vying for the office in 2003.
When the matter, which should have been
heard ex-parte came up yesterday for hearing, the governor through his
counsel, Chief Wole Olanipekun (SAN) stormed the court with a motion on notice
seeking to be party to the case.
Chief Olanipekun while arguing the
application noted that since the governor has decided to waive his rights, the
court has the right to grant the application "suo
moto".
"If the court considers Order 12 Rule 5
(1) of this court, the applicant (Governor Duke) will at the end be affected by
the action of the plaintiff.
"This action filed on court will not be
properly constituted if the applicant is not joined. If the applicant is not
joined, he will be condemned unheard. This will also infringe on the right of
the governor to fair hearing.
The governor is no doubt a necessary party
in the suit because he is directly affected," he argued.
But counsel to the plaintiffs, Mr. Amobi
Nzelu while opposing the application, submitted that the supreme court has laid
down the principle to be followed by party seeking to be joined in a matter.
He explained that since the reliefs sought
had no direct bearing on Duke until the action take effect, it would be
premature for him to seek to be joined until the order of mandamus had
been granted.
"The issue of joining the governor does
not arise at this stage. He is not a necessary party at this stage.
"Section 25 does not confer on the court
the right to investigate crime. It is only the police that can do that. So, the
application is pre-mature and should be struck out," he contended.
As Mr. Nzelu pus it, "the court has no
hand in the investigation of alleged crime. Even if he tenders his certificates
to the court, the court cannot clear him because the court cannot guarantee its
authenticity".
Nzelu further contended that the prayers
sought did not include removing Duke as governor but only that his certificates
be examined.
|
