23rd May, 2019
The Federal High Court sitting in Jos on Thursday dismissed a certificate forgery suit filed against Mr Komsol Alonggap-Alphonsus of All Progressive Party (APC), to represent the Mikang/Shendam/Qua’an Pan Federal Constituency of Plateau.
Mr Joseph Longshin-Bukar also of the APC, had, through his Counsel, Mr Friday Shuaibu, filed a suit before Justice Dorcas Agishi of Federal High Court I, challenging the eligibility of Alonggap-Alphonsus to contest the party’s primary having presented a forged primary school certificate to INEC.
Joined in the suit are the APC and INEC.
Justice Agishi in her judgment held that main case failed as the plaintiff failed woefully in proving his case, being a case of forgery, which requires strict proofs.
“The Plaintiff has not shown sufficient proof of his insinuation of forgery. The law says he alleged must prove but he hasn’t prove how he got to know whether the accused finished in that primary school or not as the case of forgery is a serious one.
“If the accused did collect his certificate that very year of completion in 1978, there’s the tendency that the signatures will vary especially with that of 2012.
“I hereby hold that the suit failed and it’s therefore dismissed for lack of merit,“ Agishi declared.
The Plaintiff had alleged that Alonggap-Alphonsus, did not complete his primary education at T/Roman Catholic Mission Primary School, Kalong, Shendam in 1978, therefore the certificate signed in 2012 was forged.
He prayed the court to disqualified him for forging his certificate, which is grievous offense contrary to sections 66(1)(I) of the constitution of FRN 1999 (as amended).
According to him, the court should nullify Alonggap-Alphonsus’ nomination and compel the party (APC) to submit his name to INEC as its nominated constituency’s candidate for the 2019 NASS elections.
But Alonggap-Alphonsus, through his Counsel, Mr James Attah-Adokwu, objected to the submissions made by Longshin-Bukar and declared that all the documents submitted to buttress their (Plaintiff’s) claims were all manufactured and not certified.
“My Lord, all the documents submitted in evidence numbered exhibits 1-13 by th plaintiff were manufactured, not certified or shown as having emanated from the said T/Roman Catholic Mission Primary School, Kalong, Shendam LGA.
“Instead, My Lord should declare that the plaintiff failed to prove his case beyond reasonable doubt more so the onus rest with him, as he who alleges must prove,“ Attah-Adokwu argued.
He urged the Court to dismiss the case for lack of merit and haven failed to prove his case as required by law.