ABUJA-A Federal High Court sitting in Abuja will decide on January 14, next year, whether or not Governor of Cross River State, Donald Duke, should be joined as a necessary party in a lawsuit instituted by a politician, Mr. Ojoi Ojoi to compel the Inspector-General of Police, Mr. Tafa Balogun, to investigate allegation of certificate forgeries leveled against him.
The presiding high court judge in the matter, Justice Stephen Adah, reserved the ruling till next year after arguments were canvassed before him on the desirability or otherwise of considering the governor's application for joinder.
It would be recalled that shortly after Ojoi Ojoi procured the permission of the court to apply for an order of mandamus compelling the Inspector-General of Police to investigate the governor, Duke ran before the same court which gave Ojoi Ojoi the green light, begging to be joined on the grounds that he would lose a lot of things including his integrity if he was not joined in the suit to defend himself. But Ojoi Ojoi, who spoke through his lawyer, Mr. Amobi Nzelu, was of the view that there was no need for him to be joined.
Yesterday was a day fixed by the trial judge to hear out both parties on their contentions.
When the matter was called yesterday, counsel to the embattled governor and immediate past president of the Nigerian Bar Association (NBA), Chief Wole Olanipekun SAN canvassed arguments on why it was expedient to make the Governor a party to the suit.
According to him, any order made by the court in the matter would affect the governor"s interest.
He told the judge that on the contrary, the man who filed the suit would not lose anything if the governor was made a party to the case.
"By virtue of the court rules, your Lordship has the power to suo muto join the applicant (the governor) in view of the allegation made against him.
""The governor is the one they want to crucify, any order made by this court would directly affect him.
""Besides, the plaintiff would not lose anything if the governor is made a party.""
Olanipekun said that the court would be in a better position to decide the case if the governor is made a party,"" he added.
Alluding to case laws to buttress his position, Chief Olanipekun cited Greene Vs Greene, 1987, 3NWLR part 60, page 480; Mobil Oil Plc. Vs D.E.N.R. Limited, 2004, 1NWLR Part 853, page 157 and the Attorney General of the Federation Vs. Abia State, 2001, 11 NWLR Part 725.
He consequently prayed the court to consider the application of his client for joinder.
Amobi Nzelu representing Ojoi Ojoi vehemently opposed Governor Duke"s application.
He told the court not to join him because the governor was not on trial as he was making people and the court to believe.
He further said that Duke was not a necessary party to the suit because all the plaintiff was asking the court to do was to compel the Inspector General of Police (IG-P) to investigate allegation of certificates forgery by him.
According to Amobi Nzelu, he said his client was not challenging Duke"s qualification or his position as governor,saying that if the IG-P had acted on the letters asking him to investigate the authenticity of the certificatesof the governor, the matter would
not have come to court.
""We are here because we want the IG-P to investigate Donald Duke. The court under section 251 has no power to investigate forgery, even if Duke presented papers to court, the court cannot investigate forgery, it is still the police who will do so"", Nzelu said.
Not done yet, Nzelu asked rhetorically: ""Why is he even coming to court to join this suit? Why is he afraid to present his certificates to the police? Let him go and present his certificates to the police so
that he can clear himself""
Positing further, Nzelu told the court:""by virtue of Section 308 of the constitution, Governor Duke has immunity.
""This immunity is a double-edged sword. The Governor cannot sue or be sued.
""This matter can be dealt with without the governor being made a party.""
He consequently urged the court to throw out the governor"s application for joinder.
The court, two weeks ago, granted leave to Ojoi, to institute a case against the IG to compel him to investigate the Governor for alleged certificates forgery.
The Governor had however denied the allegation.
The alleged forgeries said to have been committed by the Governor are in respect of his various certificates including his LLB and BL degrees certificate, his LLM degree from Pennsylvania University, the letter of clearance dated 16th day of November 1982 purported to have been written from Institute of Administration, Ahmadu Bello University and his National Youth Service Corps exemption certificate dated 26th October 1991.
Details of the allegation of the forgery leveled against the Governor were contained in the affidavit sworn to by one Pascal Ngwu, a legal practitioner in the chambers of Amobi Nzelu, counsel to Ojoi.
The affidavit reads:
q· That on August 27, 1982, a letter with reference no DL\607 was presented by the authourity of Ahmadu Bello University to the Secretary of Council of Legal Education submitting the names of qualified students for Law School;
q· That upon a cursory look at the documents\letters, it is evidently clear that Governor Duke"s result\certificate, it is evidently clear that Governor Duke" result was withheld by the Senate of the Ahmadu Bello University because he embezzled Student Union funds;
q· That on November 6, 1982, a purported letter of clearance was issued to Gov Duke which letter is questionable considering the fact that the Senate of the University never met to consider the case of embezzlement against him;
q· That Gov Duke who claimed he was born in 1961, graduated in 1982 and called to the Nigeria Bar in 1983, was still within the age limit to do his National Youth Service Corps (NYSC) yet he never served;
q· That in 1984, Gov Duke claimed to have obtained a Masters Degree in Law from University of Pennsylvania Law School . The purpoted certificate issued to him was written in a strange language even though Pennsylvania is in America and the language there is English;
q· That in 1991, nine years ago after his purported graduation and eight years after his call to the Nigerian Bar, a purported letter of exemption was issued to Duke exempting him from participating in the National Youth Service Corps (NYSC);
q· That in February 2004, upon an enquiry as to the genuiness of the said Masters degree certificate of Gov Duke, a letter was purportedly written from the said University of Pennyslvania without any logo on a letter headed paper;
q· That strange enough, the said letter purportred to have been written from University of Pennyslvania was posted in Sweden;
q· That on May 27, 2004, another letter was written from the said University of Pennyslvania titled "To Whom It May Concern" now with the logo of the said University concerning one Donald Duke;
He said in spite two separate petitions dated April 27, 2003 and April 24, 2004 written by Cross River State Concerned Citizens and Citizens for Justice Foundation respectively calling for the investigation of the forgeries, he said nothing was done.
He added that the legal action was taken as the last option to make the respondents perform their statutory functions.
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