The Abuja Division of the Federal High Court, yesterday, okayed indefinite adjournment on a suit challenging the educational qualification of President Muhammadu Buhari.
It was a legal practitioner, Mr. Nnamdi Nwokocha-Ahaaiwe, that filed the suit before the high court.
At the resumed sitting, trial Justice Ademola Adeniyi adjourned further hearing on the matter sine-die (indefinitely) to await the decision of the Court of Appeal on an appeal President Buhari lodged against the suit.
Cited as defendants in the substantive action which the plaintiff initiated before the 2015 presidential election, were the Independent National Electoral Commission, INEC, and the All Progressives Congress, APC.
President Buhari has engaged a consortium of lawyers, comprising of 13 Senior Advocates of Nigeria, SANS, to defend him both at the high court and the Abuja Division of the Court of Appeal.
The legal team of the President is headed by Chief Wole Olanipekun, SAN.
Specifically, the plaintiff, in his amended concurrent originating summons, is seeking “a declaration that the averment/statement by the 3rd defendant, General Muhammad Buhari (Rtd), GCFR, in his affidavit sworn to on November 24, 2014 at the High Court of the Federal Capital Territory Abuja, that all his academic qualification documents as filled in his Presidential Nomination Form No. President APC/001/2015 are currently with the Secretary, Military Board as at the time of deposing to the affidavit, is false.
“A declaration that neither the Nigeria Army nor any of its organs is in possession of the Primary Six School Certificate or the West African School Certificate of the 3rd defendant, General Muhammadu Buhari, Rtd, GCFR.
“A declaration that the false averments/statements by the 3rd defendant in his affidavit in support of personal particulars (INEC Form C.F. 001) that he has fulfilled all requirements for qualification to the office of president and also in his affidavit sworn to on November 24, 2014 at the High Court of the FCT Abuja, to the effect that all his academic qualification documents as filled in his presidential nomination form No. President APC/001/2015, are currently with the Secretary, Military Board, disqualifies him from standing election to the office of President of the Federal Republic of Nigeria, pursuant to the provisions of section 31(5) & (6) of the Electoral Act 2010, as amended.
“A declaration that the 3rd defendant did not provide any proof or evidence in his INEC Nomination Form for office of President of the Federal Republic of Nigeria [Form E.C. 4B (i)], its accompanying documents and affidavit in support, submitted by him to the 1st defendant (INEC) that he is qualified to contest for election to the office of President of the Federal Republic of Nigeria in line with the qualification criteria set out in section 131(d) of the 199 constitution, as amended.”
Besides, the plaintiff is seeking an order invalidating the candidature of President Buhari in respect of the 2015 general elections, as well as an order directing INEC to withdraw the Certificate of Return issued to him.
He equally wants “an order directing INEC to issue a new Certificate of Return to the office of President of the Federal Republic of Nigeria to Goodluck Ebele Azikiwe Jonathan, of the Peoples Democratic Party, PDP, being the candidate who came second in the 2015 Presidential election.”
Nwokocha-Ahaaiwe contended that there was no organ, institution, agency, department or authority known as and called the “Military Board” existing in Nigeria as at November 24, 2014, when President Buhari deposed an affidavit before Abuja High Court.
Meanwhile, spirited effort by the plaintiff who represented himself, yesterday, to move the court to hear the amended summons, was vehemently opposed by Kola Awodein, SAN, who led President Buhari’s legal team.
Awodein, SAN, persuaded the court to suspend hearing on the matter to await the outcome of President Buhari’s appeal.
Specifically, President Buhari had gone before the appellate court to challenge a ruling Justice Ademola delivered on May 26, 2016, wherein he held that the suit was properly served by the plaintiff.
Meanwhile, the appellate court is yet to fix a date for hearing of the appeal in Suit No: FHC/ABJ/CS/110/2015.
It was a legal practitioner, Mr. Nnamdi Nwokocha-Ahaaiwe, that filed the suit before the high court.
At the resumed sitting, trial Justice Ademola Adeniyi adjourned further hearing on the matter sine-die (indefinitely) to await the decision of the Court of Appeal on an appeal President Buhari lodged against the suit.
Cited as defendants in the substantive action which the plaintiff initiated before the 2015 presidential election, were the Independent National Electoral Commission, INEC, and the All Progressives Congress, APC.
President Buhari has engaged a consortium of lawyers, comprising of 13 Senior Advocates of Nigeria, SANS, to defend him both at the high court and the Abuja Division of the Court of Appeal.
The legal team of the President is headed by Chief Wole Olanipekun, SAN.
Specifically, the plaintiff, in his amended concurrent originating summons, is seeking “a declaration that the averment/statement by the 3rd defendant, General Muhammad Buhari (Rtd), GCFR, in his affidavit sworn to on November 24, 2014 at the High Court of the Federal Capital Territory Abuja, that all his academic qualification documents as filled in his Presidential Nomination Form No. President APC/001/2015 are currently with the Secretary, Military Board as at the time of deposing to the affidavit, is false.
“A declaration that neither the Nigeria Army nor any of its organs is in possession of the Primary Six School Certificate or the West African School Certificate of the 3rd defendant, General Muhammadu Buhari, Rtd, GCFR.
“A declaration that the false averments/statements by the 3rd defendant in his affidavit in support of personal particulars (INEC Form C.F. 001) that he has fulfilled all requirements for qualification to the office of president and also in his affidavit sworn to on November 24, 2014 at the High Court of the FCT Abuja, to the effect that all his academic qualification documents as filled in his presidential nomination form No. President APC/001/2015, are currently with the Secretary, Military Board, disqualifies him from standing election to the office of President of the Federal Republic of Nigeria, pursuant to the provisions of section 31(5) & (6) of the Electoral Act 2010, as amended.
“A declaration that the 3rd defendant did not provide any proof or evidence in his INEC Nomination Form for office of President of the Federal Republic of Nigeria [Form E.C. 4B (i)], its accompanying documents and affidavit in support, submitted by him to the 1st defendant (INEC) that he is qualified to contest for election to the office of President of the Federal Republic of Nigeria in line with the qualification criteria set out in section 131(d) of the 199 constitution, as amended.”
Besides, the plaintiff is seeking an order invalidating the candidature of President Buhari in respect of the 2015 general elections, as well as an order directing INEC to withdraw the Certificate of Return issued to him.
He equally wants “an order directing INEC to issue a new Certificate of Return to the office of President of the Federal Republic of Nigeria to Goodluck Ebele Azikiwe Jonathan, of the Peoples Democratic Party, PDP, being the candidate who came second in the 2015 Presidential election.”
Nwokocha-Ahaaiwe contended that there was no organ, institution, agency, department or authority known as and called the “Military Board” existing in Nigeria as at November 24, 2014, when President Buhari deposed an affidavit before Abuja High Court.
Meanwhile, spirited effort by the plaintiff who represented himself, yesterday, to move the court to hear the amended summons, was vehemently opposed by Kola Awodein, SAN, who led President Buhari’s legal team.
Awodein, SAN, persuaded the court to suspend hearing on the matter to await the outcome of President Buhari’s appeal.
Specifically, President Buhari had gone before the appellate court to challenge a ruling Justice Ademola delivered on May 26, 2016, wherein he held that the suit was properly served by the plaintiff.
Meanwhile, the appellate court is yet to fix a date for hearing of the appeal in Suit No: FHC/ABJ/CS/110/2015.
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