President
Muhammadu Buhari can now smile as the court today struck out the
certificate suit against him after giving reason for the decision.
President Muhammadu Buhari
The reasons why the Federal High Court in Abuja, on Thursday, struck out
the suit querying the educational qualification of President Muhammadu
Buhari have been revealed. Mr. Nnamdi Nwokocha-Ahaaiwe, had approached
Justice Ademola Adeniyi challenging the academic qualification documents
as filled in his presidential nomination form No. President
APC/001/2015.
The court revealed that it threw out the case following a request by Mr. Nnamdi Nwokocha-Ahaaiwe for a ‘notice of discontinuance’.
At the resumed sitting on the matter, Nwokocha-Ahaaiwe declared his
intention to withdraw the suit, though he failed to adduce any reason
behind the decision.
Vanguard
reports that the trial court had earlier okayed indefinite adjournment
of the case owing to an appeal President Buhari lodged before the Abuja
Division of the Court of Appeal on June 15. Meantime, in view of the
application by the plaintiff, Justice Adeniyi, in a bench ruling, placed
reliance on Order 50(2) of the Federal High Court Civil Procedure Rules
and terminated further hearing on the matter.
Cited as defendants in the suit which was initiated before the 2015
presidential election, were the Independent National Electoral
Commission, INEC, and the All Progressives Congress, APC. Specifically,
the plaintiff who is a legal practitioner had in his amended concurrent
originating summons, sought “a declaration that the
averment/statement by the 3rd defendant, General Muhammad Buhari (Rtd),
GCFR, in his affidavit sworn to on November 24, 2014 at the High Court
of the Federal Capital Territory Abuja, that all his academic
qualification documents as filled in his Presidential Nomination Form
No. President APC/001/2015 are currently with the Secretary, Military
Board as at the time of deposing to the affidavit, is false.
“A declaration that neither the Nigeria Army nor any of its
organs is in possession of the Primary Six School Certificate or the
West African School Certificate of the 3rd defendant, General Muhammadu
Buhari, Rtd, GCFR.
“A declaration that the false averments/statements by the 3rd
defendant in his affidavit in support of personal particulars (INEC Form
C.F. 001) that he has fulfilled all requirements for qualification to
the office of president and also in his affidavit sworn to on November
24, 2014 at the High Court of the FCT Abuja, to the effect that all his
academic qualification documents as filled in his presidential
nomination form No. President APC/001/2015, are currently with the
Secretary, Military Board, disqualifies him from standing election to
the office of President of the Federal Republic of Nigeria, pursuant to
the provisions of section 31(5) & (6) of the Electoral Act 2010, as
amended.
“A declaration that the 3rd defendant did not provide any proof
or evidence in his INEC Nomination Form for office of President of the
Federal Republic of Nigeria [Form E.C. 4B (i)], its accompanying
documents and affidavit in support, submitted by him to the 1st
defendant (INEC) that he is qualified to contest for election to the
office of President of the Federal Republic of Nigeria in line with the
qualification criteria set out in section 131(d) of the 199
constitution, as amended.
"As well as, a declaration that the 3rd defendant was
not qualified to stand for and contest the election to the office of
President of the Federal Republic of Nigeria at the 2015 general
election for making false statement to INEC in breach of the provisions
of section 31(6) of the Electoral Act 2010 (as amended) and failure to
attach proof to his nomination form that he has attained educational
qualifications to qualify to contest election to the office of President
of the Federal Republic of Nigeria as set out in section 131(d) of the
1999 constitution of the Federal Republic of Nigeria”.
More so, the plaintiff prayed for an order invalidating the
candidature of President Buhari in respect of the 2015 general
elections, as well as an order directing INEC to withdraw the
Certificate of Return issued to him.
He equally wanted “an order directing INEC to issue a new
Certificate of Return to the office of President of the Federal Republic
of Nigeria to Goodluck Ebele Azikiwe Jonathan, of the Peoples
Democratic Party, PDP, being the candidate who came second in the 205
Presidential Elections”.
Nwokocha-Ahaaiwe contended that there was no organ, institution, agency, department or authority known as and called the “Military
Board” existing in Nigeria as at November 24, 2014, when President
Buhari deposed an affidavit before the Abuja High Court. President
Buhari has earlier engaged a consortium of lawyers, comprising of 13
Senior Advocates of Nigeria, SANS, to defend him both at the high court
and the Abuja Division of the Court of Appeal. The legal team of the
President was headed by Chief Wole Olanipekun, SAN. Buhari had gone
before the appellate court to challenge a ruling Justice Adeniyi
delivered on May 26, 2016, wherein he held that the suit was properly
served on the defendant by the plaintiff.
The appellant argued that the trial Judge erred in law when he held that “the 3rd defendant was served the plaintiff’s originating summons as required by law and the rules of court”.
Buhari argued that the plaintiff ought to have served him the
process at his address at No 4A & B Sultan Lane, Off Sultan Road,
Kaduna, instead of serving the originating summons and other processes
on him via substituted means at the National Headquarters of the APC at
No. 40 Blantyre Street, Off Adetokunbo Ademola Street, Wuse II, Abuja.
“The failure of the learned trial Judge to set aside the order
for substituted service has occasioned grave injustice to the appellant.
The refusal and or failure to set aside the order is perverse”, Buhari contended.
