Court gives go-ahead to suit seeking prosecution of Tinubu’s minister for election result falsification

President Bola Tinubu’s cabinet has been hit by a forgery controversy as the Federal High Court in Abuja has given the go-ahead a legal action seeking the prosecution of the Minister of State for Labour and Employment, Nkeiruka Onyejeocha, for falsification of election results during the 2023 general elections.

The judge Mohammed Umar, in a ruling dated 23 September, said he was satisfied that Amobi Ogah, a member of the House of Representatives, provided sufficient material evidence to justify his request for the court’s intervention.

The leave obtained from the court by Mr Ogah is the first major step in the legal process that seeks to have the Independent National Electoral Commission (INEC) compelled to prosecute the minister for election fraud.

The ruling authorises the Labour Party lawmaker to apply for an order of mandamus compelling INEC to investigate and, where necessary, prosecute Ms Onyejeocha for alleged forgery of election results across 62 polling units in the Isikwuato/Umunneochi Federal Constituency of Abia State.

But the order granting leave to Mr Ogah is not a guarantee that the ongoing legal action will be successful. It only paves the way for a full-blown hearing that will entail INEC to present its case for or against the lawmaker’s request. The court will then take a decision on whether or not to order INEC to investigate and possibly prosecute the minister after hearing from two parties.

Background of the dispute

The controversy traces back to the aftermath of the 2023 general elections. Mr Ogah contested and won the House of Representatives seat for Isikwuato/Umunneochi Federal Constituency under the Labour Party, defeating Ms Onyejeocha, who ran on the ticket of the All Progressives Congress (APC).

Following her loss, Ms Onyejeocha challenged the result before the National and State Houses of Assembly Election Petition Tribunal, insisting that she, and not Mr Ogah, won the election.

However, Mr Ogah alleged that she forged result sheets and other electoral documents, which she later tendered before the tribunal as evidence of her purported victory.

The tribunal dismissed her petition for lack of merit, a verdict later upheld by the Court of Appeal, which affirmed Mr Ogah’s victory. The Court of Appeal’s decision is final on legislative election disputes in Nigeria.

Allegations of forgery

In his application to the Federal High Court, Mr Ogah accused the minister of falsifying INEC documents to mislead the judiciary.

He stated that Ms Onyejeocha “forged the results in respect of the polling units listed, which results were tendered during the trial of the petition at the Election Tribunal to prove the allegations contained in her petition.”

He further alleged that she presented the forged documents, tagged Exhibit 3, as official INEC results, even though the electoral body, during the tribunal hearing, vehemently denied their authenticity.

“That Hon. Nkeiruka Chidubem Onyejeocha even attempted to deceive the judiciary by presenting the forged documents to the Election Tribunal and the Court of Appeal as official results issued by INEC,” the lawmaker said in his affidavit.

Court’s ruling

After reviewing the affidavit and evidence presented, the judge, Mr Umar, ruled that the applicant had met the conditions necessary to compel INEC to take up the case.

“I am satisfied that the applicant has placed relevant materials in the affidavit in support of this application, and this court is thereby persuaded to exercise its discretion in favour of the applicant,” the judge stated.

Relying on Order 34, Rules 1, 3, and 4 of the Federal High Court (Civil Procedure) Rules, 2019, the judge granted leave to Mr Ogah to apply for an order directing INEC to investigate and prosecute Ms Onyejeocha “for the electoral offence of forging the election results of polling units within the Isikwuato/Umunneochi Federal Constituency of Abia State.”

The ruling sets the stage for a full hearing, at the end of which the court may decide to grant or reject the request for the order of mandamus.

The next stage in the case will be for the lawmaker to file main suit seeking the order of mandamus and have it served on INEC. The electoral body will then file its defence.

The court’s ultimate decision will be dependent on the defence INEC puts forward.

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At the end of the hearing, the judge will review if there is any prima facie evidence that warrants further investigation or prosecution of the suspect. It will also determine whether INEC had unjustifiably abdicated its official duty to take up the alleged election fraud case. If the answers turn out positive, the court can compel INEC to investigate the case and possibly prosecute the suspect. If any of the answers turn out negative, the court can dismiss the case.

An order of mandamus is a remedy issued by a court to compel a government official, public body, or lower court to perform a duty they are legally obligated to carry out.

Broader implications for Tinubu’s administration

The election fraud allegation is another episode of integrity scandal involving a member of Mr Tinubu’s cabinet, raising renewed concerns about the government’s commitment to accountability.

Notably, an investigation by PREMIUM TIMES exposed that former Minister of Innovation, Science and Technology, Uche Nnaji, submitted forged university degree and National Youth Service Corps (NYSC) discharge certificates to secure his appointment in 2023. The University of Nigeria, Nsukka, disowned the degree he claimed to possess.

The revelation sparked public outrage and calls for his resignation, which he tendered shortly after.

Similarly, questions have been raised about the authenticity of the academic records of other top government officials, including senior aides and appointees.