Court orders service on Buhari in fresh disqualification suit.

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.


Punch.