Certificate forgery: Reps Spokesman, Benjamin Kalu to know fate soon

Spokesman for the House of Representatives and member representing Bende Federal Constituency of Abia State will on Monday, August 28, know his fate over Certificates he alledgedly forged that has become a lawsuit from his political opponent.

Hon. Ezeala Okechukwu, a Chieftain of the All Progressives Congress has dragged the embattled Benjamin Kalu before the State High Court, Umuahia for forgery and perjury.

An allegation that the lawmaker has denied even as Counsels of both parties are battling to prove points in Court.

The presiding Judge Justice Chijioke fixed the date for Judgement, after the counsels for the claimant, Barrister Okey Amaechi (SAN) and Barrister K C Nwaoffor (SAN) for the defendant presented their final addresses.

Presenting his final address Barrister Okey Amaechi said that the respondent Honourable Benjamin Kalu lied on oath, stating that he didn’t show that he was educated up to secondary Certificate level.

The claimant counsel Okey Amaechi said that his argument is based on the fact that all the purported academic certificates submitted by the defendant Honourable Benjamin Kalu, when contesting election in 2019, none of them are bearing his name right from primary school, University and up to law school.
Okey Amaechi, stated that all the academic certificates bear Osisiogu which he said is strange.

He equally pointed out that the first defendant in his response admitted that Osisiogu is not his surname and that he adopted the name from an uncle, which the learned counsel said is not proper.

The claimant counsel also argued that the NYSC discharge certificate procured by Honourable Benjamin Kalu was given the same year the defendant was in the law school, which he claimed was procured for the purpose of the election.
Barrister Okey Amaechi equally said that the preliminary objections of the third defendant counsel Barrister E.I Amadi (Mrs.) INEC, that the claimant didn’t bring the action within the constitutional 14 days time frame allowed for pre-election matters, has been settled by the Supreme Court, which held that there is an exception because the action is illegal and that time doesn’t run against it.

The claimant counsel urges the court to grant them all the reliefs sought for as the defendants have virtually no defence.

The reliefs sought is for the court to determine if the first respondent is a valid candidate in that election and that if not, the next candidate should be given the election.

In his own address, the counsel for the first respondent Honourable Benjamin Kalu, Barrister K C Nwaoffor (SAN) submitted that in law, it’s a case of who allege, should prove. He said that the first defendant in his counter-affidavit stated that all the certificates bearing Osisiogu are all referable to him and that he attached evidence of change of name.

He stated that the Supreme Court held that in a situation like this, “If the person challenging him fails to say who is the owner of those documents, he has no case”.

He said that the claimant alleged forgery, which he said is not, the onus is on them to prove.
He concluded by asking the court to dismiss the suit with substantial cost.

In her own address the counsel for the third defendant INEC Barrister, Amadi E. I (Mrs.) urged the court to dismiss the suit in its entirety for lack of jurisdiction with a punitive cost.