candidate of the All Progressives Congress, Maj. Gen. Mohammadu Buhari
(rtrd.), was filed before a Federal High Court, Abuja, on Wednesday.
It made the third suit that has been filed to seek an order declaring
Buhari ineligible to contest the February 14 election.
Apart from the disqualification suit, 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 oath that
he had a certificate he did not obtain.
Justice Adeniyi Ademola of the Federal High Court in Abuja has already
fixed February 9 for hearing in the two previous suits.
The judge had separately on Monday and Tuesday ordered service of
court papers through substituted means through publication newspapers
in the two suits.
The fresh suit, which is the third seeking Buhari's disqualification
was filed by Dr. Ayakeme Whiskey on Tuesday.
The INEC and Buhari are the two defendants in suit marked FHC/ABJ/CS68/2015.
Like the plaintiffs in the two previous suits, Whiskey anchored his on
the same grounds of alleged failure of Buhari to accompany his Form
CF001 submitted to the Independent National Electoral Commission, with
his certificates of academic qualifications.
He argued that failure of Buhari to do so had rendered him ineligible
to participate in the poll as he failed to comply with provisions of
sections 131 and 318 of the 1999 Constitution and section 31(3) of the
Electoral Act, 2010.His supporting affidavit read in part, "That the
documents submitted 2nd defendant did not show evidence of school
certificate, whether first or secondary.
"That by not providing and attaching his certificates as required, the
2nd defendant has left the question of his qualification for the
election to conjecture.
"There is no way to know whether or not the 2nd defendant has the
requisite educational qualification necessary to contest the position
of President of the Federal Republic of Nigeria."
One of the two earlier suits numbered FHC/ABJ/CS/14/2015 was filed by
Max Ozoaka. The other with number FHC/ABJ/CS/01/2015 was filed by
Chukwunweike Okafor.
The fresh suit by Whiskey has not been assigned to a judge and no date
has been fixed for the hearing.
--PUNCH
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