WHAT YOU MUST KNOW ABOUT THE ISSUE OF THE ERROR IN FORM EC9 OF PROF SOLUDO
Without prejudice to those that believe that Ozigbo may still be sworn in as the governor of Anambra state.
It is actually true that section 31(5) empowers anybody who has reasonable grounds to believe that information given by a candidate is false may file a suit at the Federal high Court challenging such declaration.
It is also true that by Section 31(6) that the Court shall disqualify such person if it finds that such information is false.
It is also true that Prof Charles Sóludo in form EC9 stated that that he is contesting for Aguata 11 instead of Anambra state.
However, it is also true that the Supreme Court in AGI V PDP (2016)LPELR-42578(SC).
” To disqualify a candidate for falsification, the infraction must relate to the very point on which qualification depends. Thus where the alleged falsified document is not a qualifying factor under the constitution of Nigeria it’s presentation cannot disqualify an otherwise qualified person”
According to section 177 of the 1999 Constitution stipulates qualifying factors to be a governor thus:
(a) he is a citizen of Nigeria by birth
(b) hé has attained the age of thirty- five years
(c) he is a member of a political party and is sponsored by that political party and
(d) he has been educated up to at least school Certificate level or it’s equivalent.
So stating Aguata II instead of Anambra State is not a a qualifying nor disqualify factor, hence nobody can be disqualified because of such.
The part of constitution which People are quoting actually deals with DELIBERATE ATTEMPTS TO DECEIVE/FORGERY and the said issue is an Error, not Forgery.
Therefore, Sóludo will not be disqualified as is being speculated.
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