A Federal High Court sitting in Abuja has fixed February 9 to hear a fresh suit seeking to disqualify the Presidential candidate of the All Progressives Congress (APC)!General Muhammadu Buhari (rtd), from contesting the forthcoming presidential election.
The Court presided over by Justice Ademola Adeniyi directed that Buhari and the Independent National Electoral Commission (INEC) be served copies of the suit. Buhari and INEC were cited as 1st and second respondents respectively.
Justice Adeniyi specifically directed that the APC presidential flag-bearer should be served by substituted means, to wit: by publication of the originating summons against him in three national dailies.
The action was was brought before the court by a legal practitioner, Mr. Max Ozoaka, who is being represented by a consortium of lawyers led by four Senior Advocates of Nigeria: Ade Okeaya-Inneh, Ken Njemanze, Prof. Tony Ijohor and Chief Godwin Obla.
Justice Adeniyi on Monday also abridged the time within which the matter should be heard and determined, in response to an ex-parte motion by the plaintiff.
The court said its decision to abridge the time within which the defendants could enter their appearances was due to the fact that the presidential poll is already in view.
The plaintiff in the suit is praying the court for a declaration:
That the 1st defendant, Buhari, is not eligible to participate in the 2015 presidential election for failure to comply with the terms for submission of list of candidate and affidavit of personal particulars of persons seeking election to the office of President;
That the INEC Form C.F. 001 as filled and submitted by Buhari “as being inchoate and manifestly in contravention of the provisions of the Electoral Act ” and therefor invalid;
That Buhari’s failure/refusal to attach evidence of his birth certificate and educational qualifications, “which are conditions inherent/ precedent as prescribed in the form,” was in breach of relevant laws in Nigeria pertaining to presidential election.
On these grounds, the plaintiff wants the court not to only declare the Form CF. 001 that was submitted to INEC by Buhari for the 2015 presidential election as incompetent, but to also declare that the voters card that was attached to the form was false on the ground that as at when the voters card was issued, the 1st defendant was not a “public servant” as he allegedly stated.
“An order declaring the said voters card as void for containing false information about the identity/occupation of the 1st defendant.
“An order disqualifying the 1st defendant from contesting and/or participating in the Presidential election fixed for February 14, 2015 or any date that the 2nd defendant may fix on the ground that the information contained in the 1st defendant’s INEC Form CF. 001 is false.
“An order restraining the 2nd defendant from permitting the 1st defendant from participating in the Presidential election fixed for February 14, 2015 or any other date that the 2nd defendant may fix.”
