A Federal High Court in Abuja has ordered the service of
court papers on the presidential candidate of the All
Progressives Congress, Maj. Gen. Mohammadu Buhari, a
fresh suit seeking an order disqualifying him from
participating in the February 14 poll.
Already, there is a pending direct criminal complaint against
Buhari before a Federal Capital Territory Magistrate’s Court
in Abuja asking the court to direct that the former Head of
State “be brought to book” for allegedly claiming on an oath
that he had a certificate he did not obtain.
Justice Adeniyi Ademola who is presiding over the fresh
suit on Monday made an order of substituted service on
Buhari and the Independent National Electoral Commission,
who are the two defendants in the suit.
The court fixed February 9 for the hearing of the suit.
The plaintiff, Max Ozoaka, wants the court to disqualify
Buhari from participating in the election for failing to
accompany his form submitted to Independent National
Electoral Commission with all relevant academic
credentials.
He contended that the INEC FORM CF 001 submitted to
INEC by the APC candidate was incomplete and therefore
urged the court to declare the form as “not in conformity
with the form prescribed under the Electoral Act.”
He further stated that the failure of Buhari to accompany
the INEC Form with evidence of his educational
qualifications and evidence of his birth certificate or
affidavit of declaration of age had altogether rendered the
form inchoate.
Ozoaka, in a supporting affidavit to the originating
summons, stated that the INEC Form submitted by Buhari
did not meet the requirements under sections 31(1)(2) & (3),
and 31(8) of the Electoral Act 2010 (as amended).
He also faulted some pieces of information contained in
other documents attached to the form, including Buhari’s
voter card which described the presidential candidate as a
public servant.
The plaintiff urged the court to declare the voter card, the
photocopy of which was attached to INEC Form CF 001,
was false on the grounds that Buhari was not a public
servant as of when the voter card was issued.
In the suit marked, FHC/ABJ/CS/14/2015, filed by Max
Ozoaka, the plaintiff raised eight questions for the court’s
determination and prayed for among others, an order
disqualifying Buhari from contesting or participating in the
election.
The plaintiff queried the authenticity of the statement of
result or result sheet presented by Buhari on the grounds
that it was bearing ‘Mohamed’ Buhari as against
‘Muhammadu’ which is the real name of the APC
presidential candidate. CLICK HERE TO READ FULL AND TOUCHING NIGERIAN CELEBRITIES BIOGRAPHY AND SCANDALS
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