Uchechukwu Okoroafor, Abuja
In 2021, the Deputy Speaker of the House of Representatives Hon Benjamin Kalu was vindicated from the suit filed against him by Okey Ezeala alleging name forgery on his academic certifications.
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Okey Ezeala filed a case against the deputy speaker who was then the spokesman of the 9th House of Representatives claiming that there was a name discrepancy in his academic certificates.
In a court judgement delivered by Justice A.O. Chijioke at the High Court in Umuahia, the judge dismissed the suit against Benjamin Kalu describing it as malicious. Justice Chijioke agreed with all the arguments of Benjamin Kalu’s lead Counsel, K.C Nwufor SAN, affirming that: The matter is a pre-election matter and therefore statute barred and frivolous; Rep. Benjamin Kalu fully complied with the law in his change of name; The claimant failed to differentiate or prove his claims of forgery and impersonation against Rep. Benjamin Kalu.
The court also agreed with K.C. Nwufor SAN, that the claimant ought to have produced the original bearer of the name which Kalu was alleged to have impersonated.
In the judgement, the court also stated that the suit against Kalu appeared to be a case of “the hand of Esau and the voice of Jacob”. Upon dismissing the case, the court also awarded costs against the claimant.
Kalu in his reaction to the judgement in 2021 said:
“As I have always said, God is the God of justice. As a believer in God, I was confident that He would not allow injustice to be meted against me.
Also, as a product of the judiciary, I had absolute confidence in the ability of the judiciary to sustain justice especially when the facts speak so clearly for themselves.
“I have experienced the competence of the judiciary from the time of the elections, tribunal and court of appeal. So, I was certain that the judiciary would sustain their fairness and gladly they did not disappoint me. I thank my supporters who believed in me, who stood by me and showed great concern during this period.
“It has been a horrible two years, going in and out of court. The idea of this litigation was to distract me from working for the people of Bende, however I have refused to be distracted.”
The same issue that had been settled in 2021 has sadly been resurrected in 2023 to distract Hon Benjamin Kalu who by providence is presently the highest ranking official from South East in this dispensation by virtue of his position as Deputy Speaker.
Recently, the National Assembly Election Petitions Tribunal 4, sitting in Umuahia, admitted as exhibits, nine different documents alleging that the Deputy Speaker of the House of Representatives and member representing Bende federal constituency, Hon Benjamin Kalu, has discrepancies in his credentials.
The documents were tendered by the legal team of the Labour Party candidate in the February 25 National Assembly poll, Chief Frank Chinasa, who also testified as a star witness before the Hon. Justice Samson Paul Gang-led three man panel.
Some of the documents deposed by the LP candidate’s lead Counsel, Yunus Ustaz Usman, SAN, included 1st Respondent’s birth certificate; his West African Examination Council (WAEC) Certificate; First Degree Certificate issued by the University of Calabar; National Youth Service Corps (NYSC) Certificate; among others.
The LP candidate’s lawyer argued that while some of the certified true copies of the documents deposed before the tribunal bore Osisiogu Benjamin Okezie, others bore Kalu Benjamin Okezie, and Benjamin Okezie Osisiogu, respectively.
After his submissions, the tribunal admitted all nine documents and marked them as exhibits.
Counsel to Kalu, Kelvin Nwufo, SAN, objected to the admissibility of the documents as exhibits but said he would give reasons for his objections at the submission of his final written address.
Similarly, Counsel to the 2nd Respondent, the All Progressive Congress, APC, Mr Vigilus Nwankwo; as well as his Independent National Electoral Commission, INEC, counterpart, Ogochukwu Onyekwulije, all objected to the admissibility of the documents, promising also to adduce their reasons for objection at the submission of their final written addresses.
It is interesting that during cross-examination, the 1st Petitioner, Chinasa, was asked if he was aware that the Kalu did harmonisation of names and a newspaper publication indicating his change of name. Responding, the LP candidate denied knowledge of any harmonisation of names by the 1st Respondent. Asked if he was also aware of a High Court judgement confirming the harmonisation of names by the APC candidate, the 1st Petitioner answered in the negative. The aforementioned questions which the petitioner answered in the negative shows that his allegations and the case in general is dead on arrival. The Labour Party candidate is going no where with the petition and is just a mere irritant and a distractor of the Deputy Speaker of the House of Representatives who by his pedigree will never allow himself to be distracted.
Right now, Deputy Speaker of the House of Representatives is the highest elective and political position occupied by someone of South East extraction and he needs to be left alone to do his duty to his constituency and the nation without distraction. And if Labour Party candidate in the February 25 National Assembly poll, Chief Frank Chinasa, has umunna (kinsmen) they should advise him to stop the distraction and withdraw the matter, that is bound for failure anyways, out of court to allow Hon Benjamin Kalu, Deputy Speaker House of Representatives, concentrate on his constituency and national assignments.