APPEAL COURT DIDN'T CONVICT, BAR ME FROM HOLDING PUBLIC OFFICE- EX-REP ABBA GIREI

 

Immediate past member who represented Girei, Yola North and Yola South Federal Constituency, Hon. Salihu Mohammed (aka Abba Girei) has clarified that the court of appeal did not convict or bar him from holding public office.

Hon. Salihu was sacked by the appeal court sitting in Abuja, while delivering judgement in an appeal instituted against him by the Candidate of the APC, Hon. Baba Zango, recently.

The court nullified the judgement of the election petition tribunal sitting in Yola, Adamawa state and declared Hon. Zango as the authentic winner of the election for the constituency.

Addressing newsmen, Hon. Abba, clarified that he was neither convicted nor barred from holding public office based on the judgement of the appellate court, saying that the issue was an election matter and not criminal case.

"I am very disappointed with that judgment because the judgment was not based on the facts and documents I had presented before the Court. I know that the Court of Appeal is the final court of appeal in this kind of case, but that does not mean it is infallible.

"The Court based its judgment on the evidence of a fake Assistant Headmaster (Mohammed Alhaji Yusuf) (PW4) instead of relying on the evidence of the Headmistress of Wulari 1 Primary School, Maiduguri (Hajja Gana Abubakar), who attended the tribunal and tendered all the school records showing that I did not forge my primary school certificate and that my certificate is authentic", said Hon. Abba.

He explained that the Court said “Salihu” is different from “Salisu” and “Saliu”; and the court ignored the Supreme Court decision that “Mohamadu” and “Mohammed” are the same in the case of Atiku Abubakar V. INEC (2020).

 

"The Court said I was born on 16th March, 1983 instead of 16th March, 1979 which is my correct date of birth as was affirmed by a Deputy Director from Maiduguri Metropolitan Council who tendered official records of the issuing authority, and affirmed that my birth certificate was not forged.

 

"A Deputy Director under Medical and Health Department, responsible for registration of birth and deaths, etc. (Hamza Buka) (RW4) stated that Salihu was born on 16th March, 1979 in Maiduguri, Borno State", he added.

According to him, the Court relied on documents which were not part of the documents he submitted to INEC, saying that the court said that "I did not attend any Secondary School, and disregarded my NECO Certificate which clearly shows that I attended Government College, Maiduguri".

He said "The court disregarded the evidence of the four Subpoenaed witnesses (the Headmistress, the Examinations Officer, the Education Secretary and the Deputy Director, all from the Maiduguri Metropolitan Council who gave evidence and tendered documents to show that the Certificates I submitted to INEC were genuine, and not forged.

"There was no official disclaimer of my certificates, yet the Court said my documents were forged just because of the wrong spelling of the name “Salihu” as “Saliu” and “Salisu”. Again, the Court of Appeal refused to follow the Supreme court judgement in Oyetola v. INEC (2023).

Hon. Abba pointed out thus:"Ordinarily, from the above observations, I would have lodged an Appeal at the Supreme Court if the 1999 Constitution permitted that but unfortunately I cannot seek redress at the Supreme Court.

"Therefore, I call on the National Assembly to set the machinery in motion to amend the Constitution to allow appeals in all election matters to end at the Supreme Court. My confidence in the judiciary remains firm, but from the above observations in this judgment, it is clear that the Court of Appeal should not be allowed to be the final Court of Appeal in this kind of sensitive matters that has to do with the legitimate mandate of the people.

"Where is the justice to the people, if the candidate who scored 71,223 votes is dropped in favour of the candidate who scored 54,335 votes just because of spelling mistakes in my name? I have been denied justice; and how I wish I had the remedy to seek redress at the Supreme Court. 

"However, I take it in good fate, but it is important that I address this press conference to correct some wrong impressions that I was convicted or that I will not hold any public office again. I have not been convicted by the Court of Appeal; and the Court of Appeal did not bar me from holding any public office. This was an election matter and not a criminal case.

"Therefore, I did not forge any certificate and I call on the police to investigate this matter thoroughly. The schools I attended are still in existence. You can conduct your own independent investigations. Wulari 1 Primary School, Maiduguri issued my Primary School Certificate, and they affirmed the genuineness of my certificate. Maiduguri Metropolitan Council issued my birth Certificate, and they affirmed the genuineness of my birth certificate", stated Hon. Abba.