Gbagi told the tribunal that Omo-Agege submitted a false affidavit in support of personal particulars.
The Social Democratic Party (SDP) and its governorship candidate in the March 18, 2023 governorship election in Delta State, Kenneth Gbagi have officially closed their case against the governorship candidate of the All Progressives Congress (APC) and former Deputy Senate President, Ovie Omo-Agege in the matter challenging the qualification of the APC candidate for the election.
Gbagi, a star witness had told the tribunal that Omo-Agege presented false claims in forms EC-9 he submitted to the Independent National Electoral Commission (INEC) and pleaded that the APC candidate should disqualify Omo-Agege over the alleged false information.
The SDP candidate closed his case after he tendered several documentary evidence which includes a flash drive containing three videos of Omo-Agege, which were played to the amazement of both party's supporters and members, certified true copies of a bundle of documents, ranging from alleged forgery, dishonesty and multiple patterns of misconduct among others.
The three-member panel of Justices presided over by Justice H.C. Ahuchaogu, however, admitted the materials and video evidence tendered from the bar by Magaji Mato Ibrahim, SAN, lead counsel in Gbagi’s legal team.
Gbagi told the tribunal that Omo-Agege submitted a false affidavit in support of personal particulars in aid of his constitutional eligibility as governor of Delta state but ended up lying under oath for the purpose of concealing the fact that he was not qualified to contest the election.
He also told the tribunal that in his INEC form EC9, the 6th respondent gave his name as Omo-Agege Ovie Augustine whereas in the same form in his West African Senior Secondary Certificate (WASSC), revealed the name as Agege Augustine.
He added, "The name was Omo-Agege Ovie Augustine, on 28th June 2022, in his INEC Form EC9, Agege Augustine, 1979, West African Senior School Certificate, Augustine Omo-Agege, August 1998, judgement of the Supreme Court of the State of California, United States of America in case No: 94-C-14401 MDM, Christopher Agege, Reginald Clark Bedney, January 1993, application for driver’s license in the State of New York, USA.
"The 6th Respondent changed his name to ‘Ronald Shawn Byrd on December 10th 1992, application for identification card No. B3598638, Kirk Darwin Johnson, December 29th 1992, fraudulently obtain identification Card No. A9479637. Omo-Agege was indicted for criminal offences and deported to Nigeria, from the United States of America. Omo-Agege failed to disclose that he has dual citizenship. Omo-Agege was sent to mental reformatory training in the State of Chicago of the United States of America for rehabilitation as part of his sentence upon conviction.
"The 6th respondent also presented himself in the United States of America, wherein he was admitted into the Bar of the State of California, on 14th December 1992, as Augustine Omo-Agege, a name distinct and different from the name used in his form EC9 under oath.
“In the Supreme Court of the State of California in the United States of America, the 6th Respondent was found guilty and convicted of the offences of perjury and impersonation wherein, in a bid to secure a driver’s license sometimes in 1993, listed his date of birth as May 10th 1965 and his name as Reginald Clark Bedney on the application and was issued with the Driver’s license No. C9768216355315621 in the State of New York on the basis of fake presentation made by the 6th Respondent.”
“The 6th Respondent was convicted in the United States of America for the offences of forgery, dishonesty and multiple of misconduct, a fact which he failed to disclose in his Form EC9 despite the express demand for him to do so. I relied on the video clip of the national broadcast capturing the said nasty and shameful action of the 6th Respondent on the 18th of April 2018," Gbagi further alleged.
Gbagi said in his petition that, "All the documents remotely and closely related in his conviction in the United States of America, particularly the judgement of the Supreme Court of the State of California, are pleaded and same shall be relied upon during the trial of this petition.”
Meanwhile, counsel for Omo-Agege raised an objection against the evidence being admitted but Justice Ahuchaogu told him to wait till his final written address.
The chairman of the tribunal, Justice Ahuchaogu adjourned the matter to July 19 and 20, 2023 for Omo-Agege to open his defence.