The Peoples Democratic Party (PDP) has asked the Supreme Court to remove Cross River State Governor, Ben Ayade from officer over the allegation of age falsification leveled against him by Joe Agi, SAN, who came second in the December 8, 2014 governorship primary election of the party, Vanguard reports.
Agi had dragged Ayade to the Federal High Court last year but lost after Justice Abdul Kafarati, ruling on the suit on July 31, 2015, dismissed the case on grounds that the matter was not proved beyond reasonable doubt. That judgment was also upheld by three Court of Appeal Judges led by Justice Tinuade Akomolefe in subsequent rulings.
The PDP, through its lawyer, N. Ibegbulam, told the Supreme Court headed by Justice Bode Rhodes Vivour that it was in support of Agi’s appeal.
Agi, in the evidence he presented before the court, said that Ayade had in his Nomination Form, which he used to contest the election, stated on oath that he was born on March 2, 1969.
Agi said that in the age declaration attached to the form, which Ayade’s brother Frank, swore to before a Cross River State High Court sitting at Oleh on February 1, 2007, indicated that the defendant was born in 1968.
Agi also tendered evidence that showed that Ayade, while he was applying for admission into the University of Ibadan, gave an age declaration stating that he was born on March 2, 1966. The bio-data was allegedly issued by the University itself.
PDP’s lawyer, Ibegbulam said, ‘My Lords, after due consideration, we apply to concede to this appeal and consequently apply to withdraw the 1st respondent’s brief of argument dated May 17. We urge your lordships to find merit in the appeal and apply Article 14(b) and 15(2) of the PDP Electoral Guidelines which disqualifies any candidate that gives false age declaration.’
The Court reserved its judgment till December 9.