The All Progressives Congress and
its presidential candidate,
Muhammadu Buhari, have
opposed the orders of a Federal
High Court in Abuja, directing that
they be served through substituted
means in the suit challenging Mr.
Buhari’s eligibility to stand for the
March 28 presidential poll.
The Judge of a Federal High Court
Abuja, Adeniyi Ademola, had in
two separate suits challenging Mr.
Buhari’s eligibility to contest the
election, last week granted ex
parte orders permitting the
plaintiffs, Chukwunweike Okafor
and Max Ozoaka, to serve Mr.
Buhari and the APC through
newspaper publications.
The court had also granted an
order of abridgment of time
within which the defendants must
respond to the suits.
The lawyers of the two plaintiffs
were in court to represent their
clients in the separate suits in on
Monday.
The electoral empire, Independent
National Electoral Commission,
was also joined in the suit as
defendants.
Counsels to Mr. Buhari and the
APC informed the court Monday
that they would file applications
challenging the competence of the
suits and the entire steps taken so
far, including the orders of service
through substituted means.
Their lawyers, Wole Olanipekun
and Lateef Fagbemi, urged the
court to adjourn the matter to
enable them to file all the
necessary documents.
Mr. Fagbemi also urged the court
to set aside the order of
abridgment of time within which
the defendants must file their
responses, arguing that the
granting of the order hinged on
urgency had already been
diminished with the postponement
of the poll from February 14 to
March 28.
The judge adjourned the suits to
February 23.
Apart from the two suits under consideration, at
least three other suits seeking an order directing
INEC to disqualify Mr. Buhari from participating
in the poll are also in separate courts.
In the substantive suit, Mr. Ozoaka through his
counsel Ade Okeaya-Inneh is seeking among
other relief:
-“A declaration that by the combined provisions
of Sections 31(1) (2) and (3) of the 2010 Electoral
Act as amended and INEC Form CF 001, the 1st
defendant is mandatorily obliged by the law to
comply strictly with the provisions laid down
under the Electoral Act as amended and INEC
Form CF 001 as it relates to attaching evidence
of the 1st defendants birth certificate and
evidence of his educational qualifications as
required under INEC Form CF 001;
-A declaration that by the combined reading of
Sections 31(1)(2) (3) and 31 ( of the Electoral
Act, the 1st and 2nd defendants are mandatorily
obliged by law to comply strictly with the
provisions laid down under the Electoral Act
vis-a-vis the filing and submission of INEC Form
CF 001, by the 1st defendant attaching evidence
of educational qualifications as required under
the said INEC Form CF 001 and that
noncompliance with this condition inherent
amounts to an offence under Section 31( of
the Electoral Act;
-A declaration that the curriculum vitae and
voters registration card attached by the 1st
defendant in his INEC Form CF 001 and
submitted to the 2nd defendant as a presidential
candidate in 2015 general election is not in
conformity with the form prescribed by the
Electoral Act/INEC Form CF 001 and is
manifestly in contravention of the said Act/INEC
Form CF 001 and therefore null and void;
-An order declaring as invalid the INEC Form CF
001 as filled by the 1st defendant as being
inchoate and manifestly in contravention of the
provisions of the Electoral Act/INEC Form 001 as
the 1st defendant did not comply with a
condition inherent/precedent in the INEC Form
CF 001 submitted to the 2nd defendant, by
failing and/or refusing to attach evidence of his
birth certificate and educational qualifications
which are conditions inherent/precedent as
prescribed in the form;
-A declaration that the 1st defendant 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 the president;
-A declaration that the sworn affidavit by the 1st
defendant stating that his original certificates
are presently with the Secretary Military Board
cannot replace and/or satisfy the provision
under INEC Form CF 001 requiring him to attach
evidence of his educational qualification as such
requirement is a condition inherent and a
condition precedent to his eligibility to contest/
participate in the 2015 presidential election;
-An order disqualifying the 1st defendant from
contesting and/or participating in the
presidential election fixed for the 14th February,
2015 or any other date that the 2nd defendant
may fix; and
-An order restraining the 2nd defendant from
permitting the 1st defendant from participating
in the presidential election fixed for 14th
February, 2015 or any other date that the 2nd
defendant may fix.
Mr. Ozoaka also raised eight questions for the
court’s determination. Among the questions are:
-Having regards to the clear, unequivocal and
sacrosanct provisions of Section 31(1), (2), (3)
and (5) of the Electoral Act, Cap 15 Laws of the
Federation of Nigeria, 2010 and INEC Form CF
001 which stipulates the conditions to be
complied with in the submission of list of
candidates and their affidavits to INEC, whether
the 1st defendant herein has complied with the
said law and INEC Form CF 001, when he failed
to attach evidence of his educational
qualifications to the INEC Form CF 001
submitted to the 2nd defendant for the purpose
of the 2015 presidential election.
-Whether the curriculum vitae of the 1st
defendant as attached by the 1st defendant
alongside the affidavit sworn by the 1st
defendant and attached in the INEC Form CF
001 to the 2nd defendant suffices and/or
replaces evidence of the 1st defendant’s
educational qualifications as required by INEC
Form CF 001 and is in accordance with the
prescribed form as stipulated by Sections 31 (1)
of the Electoral Act, Cap 15 LFN, 2010.

can this be possible in 6 weeks?


march4buhari
march4GEL

Meehn! Many miracles go hapn for this 6weeks oo!

Their reason for postponing this election is getting clearer.

I have maintained that Buhari can never adjust to democracy.

All he understands is violence and gun....... now its clear what kind of change they are proposing

GEJ remains....... until 2019.

Fl. U shud ubdstd the reason behind all allegations against buhari as it's only election matter not because the love for the nation. Its selfish interest of supporting the ruling party.

Flets:
I have maintained that Buhari can never adjust to democracy.

All he understands is violence and gun....... now its clear what kind of change they are proposing

GEJ remains....... until 2019.

.

Please don't be afraid just accept it,this is not presidential debate.