The plaintiff, through his lawyer Mr. U.O. Ukairo, prayed the court
to invoke its original powers and compel Buhari to not only withdraw
from the presidential race, but to equally stop parading himself as a
bonafide candidate for the poll.
He contended that the 1st defendant (Buhari), is not legally fit to
vie for presidency in view of the pendency of a perjury charge against
him.
The plaintiff maintained that Buhari violated the provision of section
31 of the Electoral Act by lying on oath about his educational
qualifications.
He told the court that a personal investigation he conducted revealed
that Buhari lacks the basic educational qualifications, adding that the
information the 1st defendant supplied to the Independent National
Electoral Commission, INEC, in his Form CF001, were false.
Aside Buhari and the APC, INEC was also joined as a defendant in the suit marked FHC/UM/C9/13/15.
Meantime, Justice Ademola Adeniyi has ordered the service of the
court processes on Buhari at his official residence at 4A and B Sultan
Lane, Off Sultan Road in Kaduna.
The Judge said the defendant could as well serve the Originating Summons
on the 1st defendant via substituted means, to wit; publishing same in
any national daily.
The case was subsequently adjourned to March 26 for hearing.
Specifically, the plaintiff is among other things, praying the court
to make a “declaration that the information contained in Form CF001 the
1st defendant supplied on oath to the 3rd defendant in accordance with
section 31 of the Electoral Act, are false.
“An order that upon determining the falsity of the above depositions
that the 1st defendant is thereby disqualified from contesting the
Presidential election holding on March 28, 2015, on the platform of the
2nd defendant.
“An order directing the 3rd defendant (INEC) to remove the name of
the 1st defendant as a candidate in the Presidential election holding on
March 28, 2015.
As well as, “An order directing that any votes accredited to the 1st
defendant at the election shall be null and void, he being disqualified
ab-initio as a candidate in the election.
In a 14 paragraphed statement of claim, the plaintiff, told the court
that he is a citizen from Amaekpu-Ohafia in Abia State and is a
farmer/politician.
He said he was formerly elected as a Councilor that represented
Isiama ward in Okasia Local Government Area of Abia State and a
registered voter who is entitled to vote in the forthcoming general
elections.
He averred that, “The first defendant in order to be eligible to
contest the presidential election submitted to the 3rd defendant an
affidavit which is by the nomenclature of the 3rd defendant, known as
Form CF001.
“The said Form CF001 contains, on oath, the personal particulars of the 1st defendant.
“The 3rd defendant in accordance with electoral procedure published
the said particulars of the 1st defendant in Umuahia, Abia State, being
one of the constituencies of the 1st defendant.
“The plaintiff inspected the said Form CF001 and has reasonable grounds to believe that the following information are false:
“(1) All my academic qualification document as filled in my
presidential form, ApC/001/2015, are currently with the Secretary
military board as at the time of this affidavit. (2) WASC-1961.
“The particulars and or facts upon which the plaintiff founded the
reasonable grounds are: 1) The Nigerian Army like other organisations do
not keep certificates of serving or retired Soldiers, but copies only, a
fact known to the 1st defendant as a past military Head of State of
Nigeria.
“(2) Accordingly the “academic qualifications documents or some or one of them do not exist.
“(3) the defendant knowing that he does not have “WASC-61″ academic
qualifications resorted to lying on oath, failed to attach any
certificate.
“(4) There is a presumption against unnatural events to the effect
that where a person claims that his certificates are with the office
that regulated his previous services, it is probable that no such
certificate is in existence.
“(5) There is no office known under any law at all as “The Secretary
Military Board”, a fact known or ought to be known by the 1st defendant,
a retired General of the Nigerian Army.
”(6) Arising from above, the plaintiff has no place at which he could verify the deposition of the 1st defendant.
“The plaintiff is “a person” under section 31(5) of the Electoral Act
and accordingly has the requisite locus standi to file this suit.
“The plaintiff upon inspecting the said Form CF001 applied to the 3rd
defendant for a copy of it at its office at Umuahia but the 3rd
defendant refused to give any copy to the plaintiff but directed the
plaintiff to submit the application to its Abuja office.
“The plaintiff in obedience to the directive of the 3rd defendant at
its Umuahia office submitted another application at the Abuja office of
the 3rd defendant. (a copy of the letter is hereby pleaded and will be
relied upon at the trial) .
“Regrettably, the 3rd defendant has continued to refuse to give a
copy of the said Form CF001 to the plaintiff for which reason the
plaintiff went to the notice board of the 3rd defendant and took
photographs of the Form CF001 with a digital Samsung Tablet which the
plaintiff will be
relied upon at the trial.
“The plaintiff has demanded that the 1st defendant withdraws from the
presidential election but he continues to parade himself as a
candidate”
Source: Vanguard
