A PRESS STATEMENT ISSUED BY AND ON BEHALF OF SENATOR BIOBARAKUMA WANGAGHA DEGI – EREMIEYO, BAYELSA EAST SENATORIAL ZONE IN RESPECT OF THE JUDGEMENT OF THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE MATTER OF HIS ACADEMIC AND EDUCATIONAL QUALIFICATIONS AND DOCUMENTS.
Good day, Gentlemen of the Press and the General Public,
We have just yesterday 3rd December 2020, received the Certified True Copies of the Judgement of the High Court of the FCT presided over by the Honourable Justice A.O Musa delivered on the 13th of November 2020, in a suit filed by Godgift Eriaye of the Bayelsa Integrity Group as a fall out of the Supreme court Decision in PDP & 2 ORS V BIOBARAKUMA EREMIEYO & 4 ORS.
You will all recall that on the 13th of February 2020, the Supreme Court of Nigeria in its judgement in a pre-election matter in respect of the Bayelsa State Governorship Election, affirmed a Federal High Court Judgement which decided inter alia, that Senator Biobarakuma Wangagha Degi Eremieyo, is disqualified from participating in the election on grounds that he submitted forged and falsified documents and also made false declaration to the Independent National Electoral Commission in aid of his qualification for the election.
That decision which was the proceed of an originating summons filed at the Federal High Court in Abuja, had the effect of positing that Senator Degi Eremieyo had committed the crimes of Forgery and falsification of documents at the very least and also Perjury, the said declarations having been made on oath in the INEC forms.
Senator Degi-Eremieyo had maintained his innocence through-out the proceedings and despite the damning implications of the Supreme court decision, maintained that he was simply a victim of a ‘judicial mistake’.
As if his travails under the judgement of the supreme court which not only affected him personally but also robbed the Governorship candidate of a popular mandate freely given by the Bayelsa people was not enough, Senator Degi-Eremieyo following that judgement, became the subject of various levels of criminal investigation by different law enforcement agencies as a result of that judgement.
Firstly, a group styling itself as the ‘Bayelsa Integrity Group’ submitted a petition to the Inspector General of Police insisting that based on the Supreme Court decision which put out strong findings against Senator Degi Eremieyo on the crimes of Forgery, Falsification of Documents and Perjury, the IGP should commence Criminal investigation and prosecution against the Senator.
The group insisted that it would be contrary to public policy to have the Senator continue to enjoy the benefit of holding public office when that position is the proceed of academic and other qualifying documents which the Supreme Court held to have been forged and falsified.
Following this petition Senator Degi Eremieyo was invited and questioned by the police, who launched a comprehensive investigation into the said documents as a prelude to commencing criminal proceedings against Senator Degi Eremieyo.
While that investigation was on and to show their entrenched bad faith the group proceeded and filed a suit in the High Court of the FCT, seeking declaration inter alia that
‘… by virtue of the Supreme Court Judgement in PDP & 2 ORS V BIOBARAKUMA EREMIEYO & 4 ORS wherein the supreme court declared that Biobarakuma Degi Eremieyo, Senator representing Bayelsa East Senatorial District at the National Assembly, forged documents and in particular, his educational qualifications, in aid of his qualification to contest the position of Deputy Governor of Bayelsa State in the 16th November 2019 Governorship Election in Bayelsa State, the 2nd Defendant (IGP) ought to commence criminal prosecution of the 1st Defendant (Senator Degi Eremieyo) for forgery and falsification of academic documents.
In addition, the group sought an order of mandamus compelling the IGP and his officers to immediately commence the prosecution of Senator Degi Eremieyo.
At about the same time also Senator Degi- Eremieyo received several other investigative invitations from other agencies and in particular from the ICPC in a case referred by INEC, following the Judgment of the Supreme Court.
In response to the case filed in court Senator Degi filed a counter claim asking the court to enquire into the genuineness of the documents and to declare that those documents were genuine and belong to him. The IGP also entered an appearance and challenged the claim for Mandamus on the basis that the outcome of her investigation revealed that the documents were neither forged nor falsified by and there was therefore no basis for criminal prosecution against Senator Degi Eremieyo.
At the hearing of the case a total of 51 documents were tendered before the court, by a total of 15 witnesses, 12 of whom were on summons of the court, from the different bodies and organizations from whom the documents in issue before the court emanated. The IGP also tendered the report of its extensive investigation in respect of the documents in issue.
Of particular relevance are the First School Leaving Certificate and the WAEC certificates of the Senator, which were all confirmed to be genuine and the errors in the spelling of the names admitted as clerical and administrative errors which are usually corrected on application by the applicant.
In addition the court also viewed the primary school attendance register of State School Bassambiri for the 1975 and 1976 sessions from where the error in the name on the FLSC certificate emanated.
The court also viewed the WAEC Registration Photo Album from GSS Anyama Ogbia from where the error in the name on the WAEC certificate was traced.
Following the end of proceedings that spanned five months, the honourable court found in favour of Senator Degi Eremieyo, dismissing the claims of the plaintiff and granted the counter claim of the Senator Degi Eremieyo, confirming that the all the documents and certificates in issue belong to him and are genuine.
The import of this decision is that those documents which were submitted to the Independent National Electoral Commission and which also formed the basis of the information recorded in the INEC Form CF001, are genuine and not falsified.
A further import of this finding of the court in a very detailed and extensive hearing is the clear and present truth that the Judicial process still remains the last hope of the common man.
Senator Degi Eremieyo’s travails are by no means over but he can take the reprieve that comes from knowing that injustice will forever bow to the forces of justice if we persevere. The truth will also always triumph over falsehood, no matter how it is packaged to deceive even the judicial process.
Another point that is worthy of mention here is that, in the Judgment of both the Federal High Court and the Supreme Court, the Notaries, before whom Senator Degi Eremienyo deposed to affidavits seeking to explain the mis- spellings in his name on the certificates, were described as unknown and almost fraudulent and non- existent.
We are glad to also hear from police investigations that the supreme court has confirmed the identity of those notaries, and that they are duly registered notaries- public, and issued a letter to that effect.
In conclusion we recognize the limitations and imperfections of the judicial process but we express our unflinching support and loyalty to it as the only decent process of resolving issues.
We hope that this judgement is a first step in lifting the huge and incapacitating burden and damage done to the reputation of the Distinguished Senator Degi Eremieyo, who as we restate is only the victim of a judicial mistake and we are confident that the judicial process is sufficient also to undo that grave error visited on him.
Thank you
God Bless the Federal Republic of Nigeria
God Bless You All
Ebere Okonkwo FCIS
Attorney
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