HON ABUBAKAR NDAKENE STANDS REMOVED AND BE JAILED?
An honorable National Assembly Member representing Edu//Patigi/Moro constituency, Alh Abubakar Ndakene, who contested under the umbrella of APC in the last election is been sued by his opponent Baako, who contested against him under the political platform of PDP, before an Upper Magistrate Court sitting in Abuja, the nation capital, for alleged certificate falsification.

Presentation of certificate of atleast upto primary school cert is one of the preconditions stated by section 106(c)of CFRN for the qualification to contest an election to the legislative chamber of National Assembly.

Therefore, if Hon Ndakene is found wanting of presenting a forged result, he has violated the section mentioned above. And had also committed perjury which if found guilty stands removed from office and consequently stands to be jailed.

However, to what extent or under what law Baako, the plaintiff has the locus standi within his personal capacity to institute criminal proceedings against the defendant when section 172(1) and 211 (1)of the 1999 constitution is unequivocally explicit when it states unambiguously that: The attorney general of a state and federation respectively shall have the power:

To institute and undertake criminal proceedings against any person before any court in Nigeria... In any offence created by law.

However such power could be delegated by him in person or through officers of his department.
See the case of State v. Commissioner of police, A.G Oyo State, and or (1CNLR1982).

In a circumstance of section 342 of criminal procedure act applicable in southern Nigeria, where a private body instituted criminal suit, a fiat most be obtained from the office of the attorney general. Therefore, the can not file the suit against the defendant for a criminal offence under his personal capacity.

The suit against Hon Ndakene can be preliminarily dismissed for lack of jurisdictional competence.

I am Dawood Usman

Nice One My Brother