The Supreme Court, on Friday, upheld the Rep. Hassan Sale of the Peoples Democratic Party (PDP) as the authentic occupant of  Ado/Okpokwu/Ogbadibo Federal Constituency of Benue State seat at the House of Representatives.

Justice Sidi Bage, who delivered the lead judgment, said the Court of Appeal Abuja erred to have set aside the decision of the trial court.

“There is sufficient material evidence before us to show that the respondent, Christian Abah indeed forged the National Diploma Certificate he had used to obtain his PDP nomination to contest the election,’’ he said.

The Federal High Court had on May 20, 2016 quashed Abah’s election to represent the ‎constituency over certificate forgery.

Abah had been declared winner of the March 28, 2015 election by the Independent National Electoral Commission (INEC) as the only candidate presented by the PDP.

The court which nullified the respondent’s victory also ordered INEC to withdraw the Certificate of Return issued to him and issue same to the appellant.

Justice Adeniyi Ademola, who entertained the eligibility suit, held that the allegation of certificate forgery leveled against Abah by Sale was proved.

The respondent was accused of forging an Ordinary National Diploma certificate in Accountancy purportedly obtained from the Federal Polytechnic, Mubi in 1985.

Dissatisfied with the decision of the trial court, Abah approached the appellate court in Abuja.

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In his notice of appeal, Abah said judgment of the lower court was delivered without jurisdiction.

Counsel for Abah, Mr. Sunday Ameh (SAN), also faulted the refusal of the trial judge to convert the originating summons with which the plaintiff filed the case to a writ of summons.

The Court of Appeal, however, found merit in the submissions canvassed by Abah and set aside the trial court’s decision.

Also dissatisfied with the outcome of the appeal at the appellate court, Sale approached the apex court praying it to affirm the decision of the trial court.

Bage, however, held that the findings of the trial court collaborated with an earlier judgment of the National/State Assembly Election Petition Tribunal ‎that decided on similar matter in Makurdi.

Bage said the tribunal had on September 6, 2011, based on a letter by the Registrar of the Polytechnic, Mr. Suleiman Buba, affirmed that the certificate presented by Abah to INEC for previous election was forged.

“In the circumstance, we hold that the decision of the trial court was most valid.

“The trial court did declare all the votes that accrued to Abah in the PDP’s primary held on December 6, 2014, as a waste and went ahead to declare Saleh, who came second as the winner of the primary.

“For the interest of justice, the decision of the court of appeal that nullified that erudite judgment of the trial court is hereby set aside,’’ he held. (NAN)