A Magistrates’ Court in Abuja has indefinitely adjourned the hearing of the case against Senator Monday Okpebholo, the All Progressives Congress (APC) candidate in the upcoming Edo governorship election.
Magistrate Abubakar Mukhtar made the adjournment following an order from Justice O.C. Agbaza of the FCT High Court, which granted Okpebholo permission to seek judicial review of the criminal summons issued against him.
Justice Agbaza, in response to the ex-parte motion moved by Okpebholo’s counsel, Adaze Emwanta, set the next hearing date for October 28.
The magistrate had initially summoned Okpebholo on September 12 for allegedly providing false information regarding his date of birth.
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Okpebholo was to appear in court on September 20, accused of listing conflicting birth dates in nomination forms submitted to the Independent National Electoral Commission (INEC).
The case was brought forward by Honesty Aginbatse, an indigene of Edo State.
In response, Okpebholo’s lawyer filed a suit at the FCT High Court, naming Aginbatse and Magistrate Mukhtar as respondents.
When the case was called at the Magistrates’ Court, neither Aginbatse nor Okpebholo was present.
Aginbatse’s lawyer, R.O. Azinye, informed the court that the defendant had not yet been served despite several attempts, prompting him to file for substituted service.
However, Magistrate Mukhtar, referencing the High Court’s order for judicial review, adjourned the case indefinitely pending the outcome of the motion before the FCT High Court.
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Okpebholo’s motion, dated and filed on September 17, sought two orders under the provisions of Section 6(6)(b) of the 1999 Constitution (as amended), Orders 44 Rule 3 and 43 Rule 1 of the FCT High Court Civil Procedure Rules, 2018, and the inherent jurisdiction of the court.
The prayers included “an order granting the applicant leave to file an application for judicial review involving an Order of Certiorari against the order of the 2nd respondent; in issuing criminal summons against the applicant, upon the charge/request of the 1st respondent herein.
“An order granting leave for the applicant to file an application for judicial review involving an Order of Prohibition against the order of the 2nd respondent; in issuing criminal summons against the applicant, upon the charge/request of the 1st respondent herein.”
In the 11 grounds of argument filed by his lawyer, the APC candidate, Okpebholo, claimed that the order for a criminal summons against him over alleged forgery of his date of birth was issued by Magistrate Mukhtar without proper caution and diligence.
He argued that the charge, initiated by Aginbatse, was a deliberate attempt to tarnish his reputation ahead of the Saturday election and to prevent him from standing as a candidate.
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Okpebholo further contended that the allegations had already been resolved at the Supreme Court’s registry, with the matter officially documented in a Deed Poll and published in the Federal Republic of Nigeria’s gazette on August 1.
He stated that on September 12, around 5 PM, he became aware of the criminal summons signed by the magistrate, which had already circulated on social media.
According to him, the summons related to allegations of providing a false date of birth, despite his completion of a Deed of Regularisation.
Furthermore, Okpebholo emphasized that the summons was never served on him personally but was instead quickly shared on social media to damage his public image just before the election.
He also argued that scheduling the hearing for September 20, the day before the gubernatorial election, was a calculated effort to prevent him from running as a candidate.
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