Hearing in two of the 15 suits filed against the presidential candidate of the All Progressives Congress (APC), General Muhammadu Buhari (rtd), before the Federal High Court sitting in Abuja was on Monday stalled due to the non-service of the defendant’s written addresses on the plaintiff to the suit.
There are about 15 suits against Buhari which are challenging his competency to seek election as president.
Chike Okafor filed the first suit via an originating summons wherein he asked the court for an order compelling the Independent National Electoral Commission (INEC) to remove or delete the name of Buhari and his party, APC from the list of persons and political parties eligible to contest for the office of the president of the nation.
Listed in the suit are Buhari, APC and INEC as first to third defendants.
Okafor is asking the court to hold that the information contained in Buhari’s Form C.F 001 stating that his educational qualification in the West African School Leaving Certificate (WASC) is with the Nigerian Army was false and he was thereby disqualified from contesting in the 2015 general election.
At the resumed hearing on Monday, counsel to Okafor, Mike Ozekhome (SAN), informed the court that he had not been served with the defendants’ responses to the suit.
However, counsel to Buhari, Chief Akin Olujinmi (SAN), who led about 10 other SANs, told the court that their response to the suit had been served on the plaintiff.
At that point, the defendants sought court permission to serve the plaintiff in court.
Ozekhome however did not object to the service.
On receiving the service, Ozekhome asked the court for a short adjournment to enable him respond to the issues raised.
He further asked the court for accelerated hearing on the ground that the outcome of the case would have effect on the elections.
Olujinmi and counsel to APC, Lateef Fagbemi (SAN), however noted that the outcome of the case would not be a condition precedent on the conduct of the election.
Olujinmi also informed the court that there was an application praying the court to set aside the totality of the summons served on Buhari which had not been responded to.
The trial judge, Justice Adeniyi Ademola, later adjourned till March 19 to hear all the pending applications.
At the last adjourned date, Buhari had informed the court of his intention to challenge two of the suits filed by Okafor and Max Ozoaka seeking to stop him.
Buhari, through his counsel, Wole Olanipekun (SAN), had told the court, that he opposed the suit in its entirety. He also opposed the order for substituted service which the court earlier granted in favour of the plaintiffs.
Though Olanipekun did not file any process as at the last adjourned date, he however informed the court that he was still within time.
He then prayed for a short adjournment to enable him file his defence to the suit.
Okafor’s suit was the first to challenge Buhari over alleged certificate forgery.
Okafor premised his suit on the grounds that there was no evidence that Buhari possessed the academic qualifications he claimed.
Okafor, via an originating summons is asking for an order compelling INEC to remove or delete the name of Buhari and his party, APC, in the list of persons and political parties eligible to contest for the office of president.
He also wants the court to declare that the information contained in Buhari’s affidavit dated November 24th, 2014 stating that the Secretary, Military Board was in custody of his WASC was false and was thereby disqualified from contesting in 2015 general election.
The plaintiff wants Buhari disqualified from contesting the 2015 general election by reason of giving false information on oath in his Form C.F 001 and the affidavit dated November 24th, 2014.
In the other suit filed by Ozoaka, the plaintiff raised eight questions for the court’s determination, praying for an order disqualifying Buhari from contesting or participating in the election.
ThisDay learnt that the plaintiff had submitted that INEC FORM CF 001, which Buhari submitted to INEC, was incomplete because he allegedly failed to accompany the form with all relevant academic credentials.
The plaintiff also raised objections as regards some of the information contained in other documents submitted by Buhari, including his voter’s card.
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