In a major legal development, an Abuja High Court has dismissed a criminal summons issued against Senator Monday Okpebholo, the Governor-elect of Edo State. The summons had been filed in September by a magistrate’s court, accusing Okpebholo of certificate forgery related to his date of birth. This ruling has important implications for both the case and Okpebholo’s rights as a candidate in the Edo governorship election.
The criminal summons was issued by Magistrate Abubakar Mukhtar of the Wuse Magistrate Court in Abuja, requiring Okpebholo to appear in court on September 20, just days before the election. The case revolved around accusations made by Aginbatse, a state indigene, who claimed that Okpebholo had submitted conflicting dates of birth on his nomination forms to the Independent National Electoral Commission (INEC). The charges were seen by many as an attempt to disqualify Okpebholo from the election based on what his legal team argued were false pretenses.
Okpebholo’s lawyer, Andrew Emwanta, filed a motion in court challenging the legality of the summons. Emwanta argued that the legal action was an attempt to prevent his client from running in the election, and that it violated Okpebholo’s fundamental rights. He also highlighted that the magistrate’s court lacked the jurisdiction to handle such a case, as election-related matters are typically under the jurisdiction of the Federal High Court.
In his judgment, Justice Charles Agbaza of the Abuja High Court agreed with Emwanta’s argument. He ruled that the summons and proceedings initiated by the magistrate were illegal and unconstitutional. Justice Agbaza also emphasized that Okpebholo’s right to a fair hearing, as guaranteed under Section 36 of the 1999 Constitution, had been violated. Consequently, the judge prohibited Magistrate Mukhtar from continuing with the case.
The ruling is a victory for Senator Okpebholo and sets an important precedent regarding the jurisdiction of courts in election-related matters. By dismissing the criminal summons, the court has ensured that legal procedures are followed correctly, and that political candidates’ rights are protected against unlawful legal actions meant to hinder their participation in elections.
The case highlighted the need for due process and fairness, particularly in the lead-up to elections. As a result of this judgment, Okpebholo’s election as Edo Governor is secure, with his rights upheld by the court. The dismissal of the summons reaffirms that legal actions aimed at preventing individuals from contesting elections must be handled with proper legal oversight.
