The Federal High Court sitting in Awka yesterday dismissed the resurrected case of alleged double registration of Governor Willie Obiano, prior to the November 2013 Anambra State governorship election.

An Onitsha- based human rights activist, Mr. Jezie Ekejiuba had in suit No. FHC/AWK/CS/269/2013, approached the court presided over by Mr. Isah Gafai, and prayed that Governor Obiano be stripped of his governorship status for alleged double registration.

Other defendants in the suit were the Anambra State Resident Electoral Commissioner, REC, Professor Chukwuemeka Onukaogu and Independent National Electoral Commission, INEC.

Ekejiuba  had claimed Obiano allegedly submitted  fake voter’s card in his INEC Form CF001 sworn affidavit, contrary to Section 31 (1) to (6) of the Amended Electoral Act, 2010.

Delivering judgment, Justice Gafai dismissed the suit for lack of merit and inconsistency in reliefs sought, describing the plaintiff’s matter as a misconception, speculative and non-issue.

He also dismissed the plaintiff’s claim that Obiano had a voter’s card with registration number ending with 332.

“It is false because it is neither his voter’s card with registration number ending with 172, which he registered in Lagos, nor his voter’s card number ending with 121, which he admitted was a product of his purported voter’s transfer,” the Judge said.

According to Justice Gafai, the first defendant (Obiano) had through his counsel, Dr. Onyechi Ikpeazu, (SAN) asserted that he registered as a voter in Lagos and participated in elections there in 2011 and when it became apparent that he would seek nomination as All Progressives Grand Alliance, APGA candidate, he went through proper transfer process of his voter’s card registration.

He added that whatever mix up by INEC in his voting documents could not be used against him, stressing that after examining facts put forward  by both parties,  he could not find any information showing falsification of voting documents by the governor.

Justice Gafai observed that the plaintiff, out of overzealousness, contended that the suit had nothing to do with criminal allegations, even when he referred to all national newspaper publications on the alleged double/multiple voter registration, which in itself was an electoral offence.

“It is self-contradictory to claim act of double or multiple registrations against the first defendant and on the other hand, claim his (plaintiff’s) case is neither one of double registration or criminal matter. The burden of proof lies with the plaintiff  to prove his case beyond reasonable doubt,” the Judge said.

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