A Federal High Court in Abuja, on Friday dismissed a suit seeking the removal Governor Atiku Bagudu of Kebbi State from office.
The suit was filed by Maj. Gen. Bello Sarkin-Yaki (rtd.), Anthony Itanyi and Sahabi Sami (plaintiffs), who were Bagudu’s main opponents in the April 11, 2015 governorship election in Kebbi state.
Also joined in the suit as defendants were the All Progressives Congress, APC, and the Independent National Electoral Commission, INEC.
In the suit marked FHC/ABJ/CS/312/2015, the plaintiffs had prayed the court for a declaration that Bagudu was incompetent to contest the governorship poll in the state.
Delivering judgement on Friday, the presiding judge, Justice Ahmed Mohammed held that the plaintiffs failed to prove the criminal allegations levelled against Bagudu.
Justice Mohammed was of the opinion that all the documents (exhibits) tendered before the court by the plaintiffs could not show how Governor Bagudu was sentenced or fined for any offence by any court or tribunal.
The court stated that it would be wrong under the law to accord any probative value on the exhibits of the plaintiffs as there is no legal effect in them.
“There are several Supreme Court judgments to the effect that no probative value should be attached to documents that are not tendered in court by the maker of such documents.
“On the whole, I see no merit in the suit of the plaintiffs, and it is hereby dismissed. No order as to cost”, the court noted.
Justice Mohammed added: “From the evidence of the plaintiffs, I am of the opinion that he has failed, through his witness, that the first defendant was convicted by a court in the United States of America for criminal offence.”
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