Court of Appeal sitting in Abuja on Wednesday sacked the member representing Katsina Central Federal Constituency, Sani Danlami Aliyu of the All Progressives Congress, APC over forgery of his first school leaving testimonial.
Daily Gazette recall that the national assembly election petitions tribunal sitting in Kastina state had upheld the declaration of Danlami Aliyu and dismissed the petition filed by the PDP candidate in that election, Aminu Ahmed Chindo.
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Dissatisfied with the rulling of the tribunal, PDP and her candidate approached the appeal court seeking the reliefs sought in their petition.
Delivering her judgment on the appeal, the appellate Court upturned the decision of the lower court and voided the return made by INEC.
The three man justices in a unanimous judgment agreed with the Petitioners that the lawmaker presented a forged, fake and unoriginal first school leaving testimonial to the Independent National Electoral Commission and subsequently nullified his election.
Similarly, the Appeal Court also upheld the declaration of Hon. Abubakar Yahaya of APC by the trial tribunal in Katsina State for Kankia/Kusada/Ingawa Federal Constituency against Ismail Dalha of the Peoples Democratic Party who was found guilty of submitting a forged Primary School Leaving certificate to INEC.
The court emphasised that the best evidence is from the issuer of the document and that the testimony of the issuer is final in determination of forgery.
On front-loading of subpoenaed witnesses, the court held that the testimony of OFFICIAL witnesses cannot be front-loaded and should be accepted whenever they are subpoenaed to appear by the Court.
