The apex court in a unanimous judgment , set aside the February 6, 2021 ruling of the Court of Appeal, Abuja, which affirmed the December 4, 2020 judgment of the Federal High Court, Abuja, disqualifying Ibezim for submitting false information to the Independent National Electoral Commission in relation to his age, name and academic credentials.
Justice Agim faulted the competence of the suit on which the judgment of the Federal High Court was given on December 4,2020. He also faulted the mode of commencement of the suit at the trial court. He faulted the findings of the trial court judge, Justice Inyang Ekwo, and held that the plaintiff failed to discharge the burden of proof of false information that was alleged.
He warned that a candidate who wants to supply information to INEC in any general election “must be diligent and strictly faultless in respect of the entries made thereof; the arrangement of the name of an individual must be seen as a serious venture. Other members of the panel of the Court of Appeal that decided the appeal were Justices Abubakar Yahaya and Uchechukwu Onyemenam.
“The 1st defendant, having not taken any step to controvert the case of plaintiff concerning the falsity of Exhibits A26, A27 and A28, has therefore allowed the case of the plaintiff to remain uncontroverted.