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Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. - Politics - Nairaland

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Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by BERNIMOORE: 6:08pm On Mar 23, 2015
Chronology of the Eligibility-suit which was originally filled in late january2015 and slated for mention/hearing on February 3rd

Orders granted in the suits so far

1, Justice Adeniyi Ademola had granted ex-parte orders permitting the plaintiffs in two separate suits challenging Buhari’s eligility, to serve him through newspaper publications.

2, The court also granted an order of abridgment of time within which the defendants must respond to the suits.


Buhari and Apc were adamant and refusing to aknowledge the orders, which shows they are heading for the consequencies of the judgement which will not help buhari in anywaywhatsoever, a sitting judge is a refferee and decides the proceedings in the court

February 3rd

When the matter came up on Monday Feb 3rd, the trial judge, Justice Ademola Adeniyi, granted Ozoaka’s(plaintiff counsel) request for substituted service on the APC presidential candidate before fixing Monday feb 9th for hearing of the case.

February 9th
http://thenewsnigeria.com.ng/2015/02/09/court-to-hear-suit-to-stop-buhari-23-february/

http://dailypost.ng/2015/02/09/disqualification-suit-apc-buhari-oppose-substituted-service/

Buhari/Apc/inec (defendants) acknowledged service via Friday 6th february newspaper publication, but disagrees with justice orders of service through newspapers substituted service, (an objection which can only be duly contested in ‘the court of appeal
)


Buhari’s lead lawyer, Chief Wole Olanipekun, indicated to the court that in view of the addendum published by the plaintiff in the Newspapers in compliance with the orders of the court on substituted service of the court’s processes granted the plaintiffs, that the ‘service time’only started counting for the defence team last Friday( Friday 6th february ) and that they(defendants) are within time to file their processes before the court.
It is expected that the defendants should serve the plaintiffs ‘statement of defence’ or processes before the next adjournment of 24th February, however, the defendants Buhari/Apc/inec failed to serve the plaintiffs their replies and processes


Though, both Buhari and the APC had yet to file any papers in the suit, their lawyers– Chief Wole Olanipekun and Lateef Fagbemi, representing both the APC and Buhari, appealed to the court for an adjournment to enable them file all the necessary documents.


Fagbemi also asked the court to ‎set aside the order of abridgment of time within which the defendants must file their responses, saying that the urgency, upon which the order was given had been diminished with the postponement of the poll from February 14 to March 28.

24th february

http://tribune.com.ng/news/news-headlines/item/30342-court-slates-march-19-to-hear-buhari-s-eligibility-suits/30342-court-slates-march-19-to-hear-buhari-s-eligibility-suits

At the resumed hearing of the matter, on 24th February the plaintiffs’ counsel Chief Mike Ozekhome, told the court that he was willing to commence his argument in the matter, but could not as he had not been served with all the processes of the defendants.
He was, however, eventually served with the processes in court, but he(plaintiff) asked the court for a short adjournment to enable him to respond to the motion.(which he would have responded had it been that he was earlier served by the defendants (Buhari/Apc/inec)

Plaintiff counsel Ozekhome further asked the court for accelerated hearing of the suits.
But the defence counsel, Akin Olujimi and Lateef Fagbemi, were quick to respond that there was an application praying the court to set aside the totality of the suit.

The defendants (Buhari/Apc/inec) had thought that justice Ademola of the federal high court Abuja would rule early on their application to set aside the totality of the suit of which if he did the defendants would have rushed to the appeal court to appeal the refusal of that application,

(thereby trying to hang the case at court of appeal, and just bring a notice to the fed high court to ‘stay proceedings on this case,but justice Ademola did not fall into that trap). Adjourned till march 19th

March 19

http://www.voiceofnigeria.org/nigeria/buhari-eligibility-suit-fixed-for-march-28.html

At the resumed hearing on Thursday march 19th, counsels representing the defendants presidential flag bearer of the All Progressives Congress General Muhammadu Buhari (rtd) and the APC in a suit seeking the Independent National Electoral Commission to disqualify Buhari from contesting the March 28, presidential election by the plaintiffs, urged the Federal High Court Abuja not to rush the suit in the interest of justice.(having failed in the trap to take and hang the case in appeal court)

Buhari, 1st defendant in the suit filed by an Abuja based legal practitioner, Barrister Chinwuike Okafor, is being represented by Wale Olanipekun SAN, while the APC’s (2nd defendant) counsel is Chief Lateef Fagbemi SAN.

At Thursdays proceedings, counsel to the plaintiff, Chief Mike Ozekhome had informed the court of the need for expeditious hearing of the matter, adding that time was of the essence since the crux of the suit deals with the disqualification of General Buhari, whom the plaintiff alleged, is not qualified to contest the presidential election slated for March 28.

Ozekhome had invited the court to “take together and cumulatively” the originating summon and all pending applications challenging the jurisdiction of the court because "the presidential election will hold on March 28".

However, reacting, Olanipekun reminded the presiding judge, Justice Adeniyi Ademola that the court adjourned on February 23, to hear his application challenging service by substituted means and other pending applications.

“We are taking aback by the narrative of the plaintiff’s counsel; I perceive his position as being targeted at the presidential election of March 28. My Lord, no law or authority has compelled court to decide pre-election matter before day of election proper", Olanipekun stated.

“My Lord, Section 87(11) of the Electoral Act cautions the court not to take any action or make an injunction that will stop the holding of primary or general election.

“Pre-election matter is not like election petition suit. There is no time limit set to decide pre-election matter. The court is not encouraged to rush pre-election matter because it is said that justice rushed, is justice crushed. Hurrying of justice is a stepmother of misfortune” Olanipekun said.
More so, Buhari’s lawyer cited Section 138 (c) of the Evidence Act that enjoins courts to take judicial notice of newspaper publications.
Therefore, Olanipekun referred the court to a newspaper publication where the Chief Justice of Nigeria, Mahmud Mohammed had warned judicial officers on the occasion of swearing in of election petition tribunal members not to allow politicians or litigants to use them to scuttle the democratic process.

Hence, he vehemently opposed plaintiff counsel Ozekhome’s submission.

Similarly, counsel to the APC, Fagbemi while objecting to the application of the plaintiff, said, “I have never seen where the issue of challenge to service by substituted means is lumped up with the originating summon, adding that they even announced appearance in protest.

“Issue of service is factual and legal. We have to thrash it out first before talking about the originating summon” Fagbemi said.

However, Ozekhome took exception to the statements of the defendants, saying he has always advocated that the general elections should hold on March 28.

it will be recalled that the defendant counsel Fagbemi asked the court(on february 9th) to ‎set aside the order of abridgment of time within which the defendants must file their responses, saying that the urgency, upon which the order was given had been diminished with the postponement of the poll from February 14 to March 28(that is taking into consideration the election dates in view)

but changes tune so as to delay time and wrongly disregarding ealier orders 1 and 2 above

plaintiff counsel Ozekhome said;

“I am for election holding on March 28; I never said the court should decide the suit before election nor have intention to scuttle the democratic process,"

“Our application has to do with disqualification of Buhari; deciding the case on time and having one candidate disqualified out of 16 flag bearers cannot scuttle the presidential election of March 28.

However, after counsels had argued on whether or not the court will take the originating summon alongside all pending applications as moved by Ozekhome, citing Order 29 rule 1-5 of the Federal High Court, Justice Ademola adjourned till March 24 for ruling.


having wasted all their time in the court(2, The court also granted an order of abridgment of time within which the defendants must respond to the suits) before the election as granted in 1 and 2 above, and defying court orders, buhari highly risk disqualification as all the claims of the originating suits that bothers on 'perjury' non attachment of certificate to authenticate affidavits, and non submission of date of birth certificate etc have not beign replied and may be deemed to be true thereby rendering their client disqualified, the stage seem to be set for an 'appeal in the court of appeal' but then read the cases lost by contesting 'order of service' http://www.nigeria-law.org/Mohammed%20Mari%20Kida%20v%20A.D%20Ogunmola.htm and also note that jega aknowledge that only court can disqualify Buhari, the lawyers have just complicates his case and gave judge Ademola no option than to disqualify buhari, enjoy as it unfolds from 24th march

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Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by otukpo(f): 6:11pm On Mar 23, 2015
They no get evidence.

Any oluwole evidence will put the lawyers into trouble.

102 Likes 10 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by dipo1234: 6:16pm On Mar 23, 2015
He stands disqualified!!!

107 Likes 8 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Kakpos: 6:17pm On Mar 23, 2015
P D P DEFEATS START FROM TOMORROW!

57 Likes 2 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by SLIDEwaxie(m): 6:20pm On Mar 23, 2015
I will also look at u as a fool if I knw u are just ranting.

3 Likes 1 Share

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Anibaba1(m): 6:26pm On Mar 23, 2015
Why all this fuse

1 Like

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Kennywills7(m): 6:35pm On Mar 23, 2015
He will b disqualified! Nigeria laws/constitution will not b bend to favour him!

85 Likes 2 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Nobody: 6:38pm On Mar 23, 2015
Kennywills7:
He will b disqualify! Nigeria laws/constitution will not b bend to favour him!

You need to bother yourself learning how to write proper English Language instead of bothering yourself about politics.

79 Likes 1 Share

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Nobody: 6:39pm On Mar 23, 2015
Kennywills7:
He will b disqualify! Nigeria laws/constitution will not b bend to favour him!

You need to bother yourself learning how to write proper English Language instead of bothering yourself about politics.

SMH!

30 Likes

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by NDPVF(m): 6:40pm On Mar 23, 2015
We av' over 15 Presidential candidates.minus one(-1) for the sake of rule law,is dividends of democracy,and hence,a welcomed development

50 Likes 3 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by shakaTheZulu: 6:41pm On Mar 23, 2015
Buhari is a terrorist
Apc Is bokoharam
Gej till 2019

66 Likes 4 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by shakaTheZulu: 6:42pm On Mar 23, 2015
Ngeneukwenu is a she-male grin

18 Likes 1 Share

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by NDPVF(m): 6:44pm On Mar 23, 2015
SmartChoices:
Disqualify Buhari and see Nigeria burn to ashes.... Meanwhile... Change!!!
Its my dream to see this contraption burn.who gained then?.me of course!

46 Likes 2 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by NDPVF(m): 6:49pm On Mar 23, 2015
Cc Ngakwe,Ishilove

2 Likes

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by BERNIMOORE: 6:51pm On Mar 23, 2015
Front page please mods

2 Likes 1 Share

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Flets: 6:51pm On Mar 23, 2015
If by the slimmest chance Buhari survives tomorrow and wins this election, extremely hard times lies ahead for this country. 

Definitely, the creeks will go haywire again, Buhari will send the troops to the creeks and together they will set the oil facilities ablaze.

While these persists, the oil producing companies will simply withdraw their personnel from the volatile region and all foreign investment will seize in all sectors.And even if the troops kill 90% of the militants, it will take just one militant, a dynamite and just one location along the multi- kilometre trunklines to continue to wreck havoc. 

Fast forward to 2019, if we remain one country and without a civil war,, we will be an economic wreck with no allocations and salaries, no capital projects, no hope with dollar exchanging for 400 naira and we are worse off than we were in 2015.

Cos the truth is that without crude proceeds for now, Nigeria is finished. 

And then, we'll be screaming another 'Change' because we would have learnt a bitter lesson in the hands of the Fulanis, Tinubu and Saraki.And then we will ask.... Why were we this silly?

And before you quote me, make sure you outline in clear terms how you or Buhari will avert this obvious calamity staring us in the face


Only last week, they creek boys seem to have resumed activities by kidnapping at Yoho facility operated by Exxonmobil and have shut in 80KBD already. Are we ready for this for the next 4 years?

The entire world stands to benefit from a crisis in the Niger delta. Its not a coincidence that USA who abandoned us at the height of bokoharam is busy shouting for change in govt . Crises in the ND will reduce supply of crude to the Oil market and that would drive up the price of crude for producing countries.... But at Nigeria's expense.

Nigerians.... Be Warned!!!

65 Likes 14 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by lagdmark(m): 6:51pm On Mar 23, 2015
What a shame the malu maallam buhari is still battling court case over certitificate even 5 days to election

43 Likes 3 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Nobody: 6:57pm On Mar 23, 2015
Buhari and APC are trying to play hide and seek game with the court.. This shows their guilt!

59 Likes 6 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Trut(m): 7:04pm On Mar 23, 2015
Following
Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Kennywills7(m): 7:12pm On Mar 23, 2015
sincerenigerian:


You need to bother yourself learning how to write proper English Language instead of bothering yourself about politics.

SMH!
Professor of English, I know u get d message am trying to pass to u and buhari. Regardless of my use of English, If he (buhari) does not have d requirements to contest then the court will stop him from contesting! English will not save ur master. Thank u

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Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by tuborme: 7:21pm On Mar 23, 2015
Buhari
Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Trut(m): 7:24pm On Mar 23, 2015
SmartChoices:
Disqualify Buhari and see Nigeria burn to ashes.... Meanwhile... Change!!!

Noise maker

49 Likes 2 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by k4kings(m): 7:25pm On Mar 23, 2015
The "word" change is now a very popular word in the
mouth of many people, and sincerely speaking, I love
change. But my question is, does the APC as a party
really understand the true meaning of the "word"
change? Americans preached change and presented
Obama (as the first black to ever rule America). What
has the APC brought to us? Fashola, Adams, Rochas,
Ameachi would have made more meaning to us, not
Buhari.
GEJ is certainly not the best as we all know that there
is no perfect human being on earth, but Buhari is not
an option, because he does not have the capacity to
change anything. The world we live can only be made
better with "brain" and "Biro" not with bullet and gun
which is what Buhari presents. Buhari is not just
uneducated, but he also does not have interest in
education. I say this with dew respect to him and his
age. Buhari left office over thirty years ago, yet in his
spare time, he never did anything to improve himself
educationally. Even OBJ after ruling for eight years
still went and improved himself. Nigerian Youths, pls
THINK!!! I say whatever I say without sentiment nor
biased mind, but through proper analysis of the
truth. Putting an old wine in a new bottle does not
make it a new wine... Nigerians please THINK!!!
Buhari is not the "change" we need, he's just hungry
for power. Talking about corruption, I have my doubts
about his sincerity too. Buhari is being sponsored by
one of the "most" corrupt leaders in Nigeria history;
Bola Ahmed Tinubu. How is he going to fight
corruption if he's been backed by such people. (I
know that many people are going react to this post,
and I'm waiting). Buhari in his first bid to elected as
ptesident in 2003, criticized OBJ as a corrupt leader,
and the same Buhari still claiming to be a "corruption
fighter" was bold enough to tell the world on CNN
that that same OBJ has endorsed him. Where is his
integrity?
I'll pause here, but let me add this: education does
not have a substitute, and I doubt if a man that is not
interested in self-education can provide for
another!!!

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Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by KHAYGOLD(m): 7:28pm On Mar 23, 2015
Well analyzed. Simple and easy to understand.

13 Likes

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by RockMaxi: 7:30pm On Mar 23, 2015
barcanista:
Buhari and APC are trying to play hide and seek game with the court.. This shows their guilt!
Your sudden change is really affecting you. Were you not part of the school of thought that Buhari has achieved the minimum educational qualification owning to his military education. How come you are like this...

27 Likes 1 Share

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Nobody: 7:36pm On Mar 23, 2015
I laugh at apc's cowardice.
that mallam will be disqualified tomorrow whether he brings his certificate or not. They have wasted their time.
Tomorrow is not for hearing but for rulling

26 Likes

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Nobody: 7:36pm On Mar 23, 2015
RockMaxi:

Your sudden change is really affecting you. Were you not part of the school of thought that Buhari has achieved the minimum educational qualification owning to his military education. How come you are like this...

I never defended him on the perjury stuff... Beside, they should cooperate with the court and let's have this thrashed once and for all.

31 Likes 3 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by anonimi: 7:40pm On Mar 23, 2015
SmartChoices:
Disqualify Buhari and see Nigeria burn to ashes.... Meanwhile... Change!!!

Typical area boy and almajiri APC supporter VIOLENT reaction to everything.
I hope our policemen and soldiers as well as DSS are on very high alert to deal with any riff raff that tries to do anything silly as from Saturday.
The blood of our youth corpers and innocent civilians must not be spilled again as was the case in 2011 =>




26 Likes 11 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by anonimi: 7:45pm On Mar 23, 2015
otukpo:
They no get evidence.

Any oluwole evidence will put the lawyers into trouble.

Chai, see wicked TRUTH wey you nack these winchious APC lie, lie, propaganda people.

Make dem try present their oluwole certificate now make olopa pack all of them go jail grin grin




24 Likes 5 Shares

Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by Princess042(f): 7:49pm On Mar 23, 2015
Whatever
Re: Eligibility Suit; Buhari Lawyers Complicates Case, Refuse To Tender Evidences. by anonimi: 7:53pm On Mar 23, 2015
k4kings:
The "word" change is now a very popular word in the mouth of many people, and sincerely speaking, I love change. But my question is, does the APC as a party really understand the true meaning of the "word" change?










I'll pause here, but let me add this: education does not have a substitute, and I doubt if a man that is not interested in self-education can provide for another!!!









43 Likes 8 Shares

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