An Abuja High Court has formally dismissed the criminal summons issued on September 12 by a magistrate’s court against Senator Monday Okpebholo, who had been accused of certificate forgery.
The case, which centered on allegations of discrepancies in Okpebholo’s nomination forms submitted to the Independent National Electoral Commission (INEC), was ruled void by Justice Charles Agbaza on Friday.
Justice Agbaza ruled that the proceedings before Magistrate Abubakar Mukhtar of the Wuse Magistrate Court were invalid, highlighting the magistrate’s lack of jurisdiction and multiple legal errors that led to an overreach. The High Court’s decision echoed the argument made by Okpebholo’s defense team, led by Andrew Emwanta, who contended that the summons and the subsequent proceedings violated the senator’s constitutional right to a fair hearing as outlined in Section 36 of the 1999 Constitution (as amended).
The summons had originally required Okpebholo to appear before the magistrate’s court on September 20, just days before the Edo governorship election. The allegations, brought forth by an indigene named Aginbatse, claimed inconsistencies between the birth dates listed on Okpebholo’s nomination forms. The defense, however, maintained that the charges were politically motivated and designed to undermine the senator’s candidacy ahead of the crucial September 21 election.
In his ruling, Justice Agbaza sided with the defense’s argument, emphasizing that pre-election matters are under the jurisdiction of the Federal High Court, in accordance with Section 29 of the law. The judge also noted that the magistrate had failed to properly review the evidence presented by Okpebholo before issuing the summons, further validating the claim of judicial overreach.
The High Court’s judgment not only dismissed the summons but also prohibited Magistrate Mukhtar from continuing with the case. Despite this, Justice Agbaza clarified that the magistrate still had the authority to set hearing dates for any other matters within his legal jurisdiction.
