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.

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.

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.

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

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.

Kennywills7:
He will b disqualify! Nigeria laws/constitution will not b bend to favour him!

Kennywills7:
He will b disqualify! Nigeria laws/constitution will not b bend to favour him!

SmartChoices:
Disqualify Buhari and see Nigeria burn to ashes.... Meanwhile... Change!!!

sincerenigerian:


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

SMH!

SmartChoices:
Disqualify Buhari and see Nigeria burn to ashes.... Meanwhile... Change!!!

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...

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...

SmartChoices:
Disqualify Buhari and see Nigeria burn to ashes.... Meanwhile... Change!!!

otukpo:
They no get evidence.

Any oluwole evidence will put the lawyers into trouble.

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!!!