Did Asue Ighodalo Actually Forge His Voter’s Card?

HON. PIUS ALILE 

I have taken time to peruse the Certified True Copy (CTC) of the judgement of the Court of Appeal in the case brought before it by Mr. Asue Ighodalo with regards to the ruling delivered by an Abuja Federal High Court, which went against his favour. And I have endeavoured to make the following comments on the controversial matters.

On 27th May 2024 Hon. Justice J.K Omotosho of the Federal High Court ruled upon an interlocutory summons, among other issues canvassed by the plaintiffs H.E Philip Shaibu and others, that the case of forgery of INEC’s Permanent Voter’s Card of the PDP Governorship Candidate, Mr. Asue Ighodalo, displayed for public scrutiny, was (1) filed in due time, (2) was deserving of being examined in the substantive or main suit and (3) and that it has merit and should be heard.

In reaction to the above ruling of the Federal High Court, the respondent, Asuerimen Ighodalo, filed an appeal at the Abuja Appeal Court. The objective was to overrule the ruling of the Federal High Court so that the issue of forgery of Ighodalo’s PVC would be permanently barred.

In its judgement of July 22, 2024, read by Hon. Justice Patricia Ajuma Mamhoud, the Court of Appeal dismissed all the grounds of appeal, thereby upholding the judgement of the Federal High Court. The implication of this is that the issue of forgery of INEC’s PVC by Asue Ighodalo will be going to trial. However, it is most likely that Asue Ighodalo will be proceeding to the Supreme Court for the last attempt to stop the trial.

Meanwhile, it is relevant to put this issue of forgery in legal context or perspective for the sake of the common audience. Forgery, as canvassed here and which is a criminal offence that could jeopardize the candidature of Asue Ighodalo, if established, implies that Ighodalo for the purpose of meeting the condition of the Electoral Act to qualify as the candidate of the PDP, procured and tendered an INEC PVC that was not validly registered as indicated. How tenable could this be? That is what an interrogation of relevant INEC documents and witnesses would prove if the matter goes to trial.

In the meantime, let us look at what makes the PVC presented to INEC doubtful.

During the last voters registration exercise, Mr. Asue Ighodalo was in the social media seen in a photograph displaying a voter’s card at his ward’s polling centre in Ewhohimi, Esan South East. The card was presumably that registered in the latest registration exercise, which was carried out after the PDP Governorship Primary. Questions were raised as to the authenticity of the PVC since he was supposed to be a registered voter before contesting the PDP Primary. The PDP dismissed the alarms raised by members of the opposition parties.

However, among the documents tendered to INEC for public display in the claims and objection exercise, was a photocopy of a voter’s card belonging to Asuerimen Ighodalo. The card was not registered in Ewhohimi, the PDP candidate’s hometown, where he is supposed to vote on September 21. It was registered in Lagos. That is to be expected because Ighodalo had never voted in Ewhohimi or any other place in Edo State.

Of course, registering to vote anywhere in the country is lawful. All that is necessary to regularize the registration as a candidate is to transfer the registration. The awkwardness of the situation now, is that Asue Ighodalo’s name is claimed not to be in the voter’s register as at the time he submitted the photocopy of the card in his possession to INEC. The obvious question arises is, how did he come about it? Deriving from this allegation, if established is perjury – lying on oath, which is also a part of the claims. These are criminal matters. And the sanction for them is disqualification, whether before or after the September 21 Governorship Election.

In conclusion, there is no wishing away of this case. If the case goes to the Supreme Court, it is for the Court to either uphold the ruling of the Appeal Court, in which case, Ighodalo has to go to the High Court to stand trial, or overrule the Appeal Court and kill it. Nevertheless, the curiosity of the people has been stimulated, and they are no doubt in anticipation of a convincing resolution, any which way. Meanwhile, the question of whether Asue Ighodalo forged a voter’s card hangs in the air like a bomb waiting to fall dead or detonate.