A federal high court in Abuja has granted leave to Amobi Ogah, a member of the house of representatives, to apply for an order to compel the Independent National Electoral Commission (INEC) to prosecute Nkeiruka Onyejeocha, minister of state for labour and employment, over “forgery of election results” in 2023.
M.G. Umar, the presiding judge, granted the permission on September 23, following an ex parte application filed by Ogah, lawmaker representing Isikwuato/Umunneochi federal constituency of Abia state.
BACKGROUND
In February 2023, INEC declared Ogah of the Labour Party (LP) winner of the Isikwuato/Umunneochi federal constituency election in Abia with 11,769 votes, while Onyejeocha of the All Progressives Congress (APC) came second with 8,752 votes.
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Dissatisfied with the result, Onyejeocha, a former member of the house of representatives, filed a petition before the election tribunal, seeking the nullification of Ogah’s election.
In September 2023, the tribunal sacked Ogah and declared Onyejeocha winner.
Ogah appealed the verdict, seeking reinstatement.
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In November 2023, the court of appeal overturned the tribunal’s decision and restored Ogah’s victory.
In a petition dated April 14, 2024, addressed to Mahmood Yakubu, then INEC chairman, Ogah alleged that Onyejeocha forged some polling unit results presented before the tribunal.
The lawmaker, who chairs the house committee on tuberculosis and malaria, said the delay in petitioning INEC was due to the time required to gather sufficient evidence.
“All persons who applied to your commission were given copies of the result sheets on payment of the prescribed fees. I applied and was given all the aforementioned results with which I defended the petition filed at the election tribunal by Hon. Onyejeocha,” Ogah said.
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“Surprisingly, in the course of the tribunal proceedings, Hon. Onyejeocha procured and presented to the tribunal a different set of polling unit results in respect of sixty-three (63) polling units that seemingly had INEC certification.
“These were entirely different from the authentic results issued and certified by your office in Umuahia, Abia state, and the INEC national headquarters in Abuja.”
THE COURT APPLICATION
In September, Ogah filed an ex parte application, seeking a mandamus order compelling INEC to investigate and prosecute Onyejeocha.
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He alleged that the minister forged some election results (exhibit 3) and “passed them off as official documents”.
“An order of this honourable court granting leave to the applicant to apply for an order of mandamus against the respondent, compelling the respondent to investigate and prosecute Nkeiruka Chidubem Onyejeocha for the electoral offence of forging the election results of polling units within the Isikwuato/Umunneochi federal constituency of Abia state,” the motion reads.
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THE RULING
In his ruling on September 23, Umar granted Ogah’s request for leave, paving the way for him to file the substantive motion for mandamus.
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“An order is hereby made granting leave to the applicant to apply for an order of mandamus against the respondent, compelling the respondent to investigate and prosecute Nkeiruka Chidubem Onyejeocha for the electoral offence of forging the election results of polling units within the Isikwuato/Umunneochi federal constituency of Abia state,” the court held.
The case was adjourned to November 11 for hearing of the substantive motion.
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