Court rejects ex-minister’s bid to join election result forgery suit

The Federal High Court in Abuja has refused a fresh attempt by former Minister of State for Labour, Nkeiruka Onyejeocha, to join a suit on the allegations that she forged election results from the 2023 National Assembly election in Abia State.

The ruling, delivered on Monday by Mohammed Umar, means the ongoing suit filed by the member representing Isuikwuato/Umunneochi Federal Constituency in the House of Representatives, Amobi Ogah, will continue without her participation, marking another procedural win for the Labour Party lawmaker.

The case, filed against the Independent National Electoral Commission (INEC), seeks to compel the electoral body to conclude investigations and prosecute Mr Ogah’s predecessor in the lower chamber, Mrs Onyejeocha over alleged forgery of election documents used during the 2023 election litigation.

The controversy traces back to the aftermath of the 2023 general elections.

Mr Ogah contested and won the House of Representatives seat for Isuikwuato/Umunneochi Federal Constituency under the Labour Party, defeating Mrs Onyejeocha, who ran on the ticket of the All Progressives Congress (APC).

Following her loss, the former minister challenged the result before the National and State Houses of Assembly Election Petition Tribunal, insisting that she, and not Mr Ogah, won the election.

But during the tribunal proceedings, Mr Ogah raised a serious counter-allegation that Mrs Onyejeocha had forged election result sheets and other electoral documents which she presented as proof of her victory.

The tribunal dismissed Mrs Onyejeocha’s petition for lack of merit. Dissatisfied, she proceeded to the Court of Appeal, which also upheld the tribunal’s decision and affirmed Mr Ogah as the duly elected representative.

In legislative election disputes in Nigeria, the Court of Appeal’s judgment is final, meaning the electoral victory of Mr Ogah was legally settled at that stage.

Despite the conclusion of the election petition process, Mr Ogah later approached the Federal High Court with a separate application focused on alleged electoral offences.

In his affidavit, he accused Mrs Onyejeocha of falsifying INEC documents and using them to mislead the tribunal.

He alleged that she “forged the results in respect of the polling units listed, which results were tendered during the trial of the petition at the Election Tribunal to prove the allegations contained in her petition.”

Mr Ogah further claimed that she presented the disputed documents, referred to as Exhibit 3, as authentic INEC results, even though INEC reportedly denied issuing them during the tribunal proceedings.

He added that Mrs Onyejeocha “attempted to deceive the judiciary by presenting the forged documents to the Election Tribunal and the Court of Appeal as official results issued by INEC.”

Before the latest ruling on joinder, Mr Umar had already granted Mr Ogah leave to pursue his application seeking a mandamus order compelling INEC to investigate and potentially prosecute Mrs Onyejeocha.

Relying on Order 34, Rules 1, 3, and 4 of the Federal High Court (Civil Procedure) Rules, 2019, the court held that Mr Ogah had placed sufficient materials before it to justify judicial intervention at that stage.

The judge stated that he was satisfied that the applicant had provided relevant evidence and that the court was persuaded to exercise its discretion in his favour.

The court therefore allowed Mr Ogah to seek an order directing INEC to investigate and prosecute Mrs Onyejeocha for alleged forgery of election results in polling units within the constituency.

In the latest development, Mrs Onyejeocha sought to be joined in the ongoing proceedings, arguing through her lawyers that her interest was directly affected by the case.

However, the court rejected the application, holding that the matter is properly between Mr Ogah and INEC, and that the former minister is not a necessary party for the determination of whether the electoral body should be compelled to act.

Reacting to the ruling, Mr Ogah’s counsel, Umeh Kalu, described the decision as consistent with the law and the facts already before the court, arguing that the matter can be effectively determined without the former minister being joined.

On her part, Ms Onyejeocha’s counsel, John Agim, said the legal team would review the ruling and decide on the next steps.

The decision does not determine whether Mrs Onyejeocha forged any documents or not. Instead, it keeps the case focused strictly on whether INEC can be compelled to investigate and possibly prosecute alleged electoral offences arising from the 2023 election dispute.

For now, it represents another procedural win for Mr Ogah, as his legal action against INEC continues without expansion to include the former minister as a party.