Supreme Court Upholds Ayade’s Election

The supreme court has upheld the election of Ben Ayade, as Governor of Cross Rivers State.
John Agi had asked the court to sack Ayade over false declaration of age.
The five-man panel, held Friday that Agi was unable to prove the case of falsification brought against the Governor.
Agi had argured before the apex court headed by Justice Bode Rhodes Vivour that Ayade had at three times wrote different dates as day of birth
Agi who is also a chieftain of the PDP in Cross River State, had in his appeal, insisted that Governor Ayade lied about his age.
The appellant who came second in the governorship primary election of the PDP, held in the state on December 8, 2014, adduced exhibits before the court showing that Governor Ayade had in three different affidavits that were deposed to on oath, supplied conflicting dates as his year of birth.
Specifically, the evidence before the court showed that the 3rd respondent (Ayade) had in the Nomination Form, Code PD 003/G, which he used to contest the Cross River State election, stated on oath that he was born on March 2, 1969.
However, the age declaration he attached to the form, which his brother Frank Ayade swore to before a Cross River State High Court sitting at Oleh on February 1, 2007, indicated that the defendant was born in 1968.
Moreover, the plaintiff tendered in evidence, a document that showed that the governor, while 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.
But in a lead judgment read by Justice Clara Ogunbiyi, held that Agi was unable to prove his case, that onus lies on the plaintiff to prove his allegations beyond reasonable doubt, which according to the Justices, the appellate has not been able to do.
The court held that despite the discrepancies in his age, Ayade attained the mandatory year to contest as governor of a state.
The court also said nomination of candidate was internal affairs of party. It averred that the lower court was right to assume jurisdiction over the case.
The court in unanimous decision dismissed the case without cost.

Author: News Editor

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