Certificate Saga: Court Orders Service of Documents on Buhari, INEC

03 Feb 2015

Symbol of justice

Tobi Soniyi in Abuja

A Federal High Court in Abuja has ordered the service of the court documents on the presidential candidate of the All Progressives Congress (APC), Gen. Mohammadu Buhari (rtd), in a suit seeking to, among others, stop him from participating in the February 14 election.

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.

Justice Adeniyi Ademola while ruling on an ex-parte application, ordered a substituted service of the court documents on Buhari and Independent National Electoral Commission (INEC)  yesterday after hearing the plaintiff’s application to that effect.

The suit has Buhari and the INEC as defendants.

The plaintiff said  INEC ‘s Form CF 001 which the APC candidate submitted to the electoral body was incomplete because he allegedly failed to accompany it with all relevant academic credentials.

He also disputed some information contained in other documents he possessed including Buhari’s voter’s card.

The plaintiff wants the court to restrain INEC from permitting Buhari “to participate in the presidential election fixed for February 14, or any other date the 2nd defendant, INEC may fix.”

He also urged the court to declare “that the said INEC Form CF 001 submitted by the 1st defendant to the 2nd defendant for the 2015 presidential election. As incompetent some being inchoate and not in conformity with the form prescribed under the Electoral Act.”

The plaintiff equally urged the court to declare that information contained in INEC voter’s card attached to INEC Form CF 001 submitted to the commission by Buhari “is false on the ground that as at when the voter’s card was issued, the 1st defendant was not a public servant.

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 further stated that the failure of Buhari to accompany the INEC Form with evidence of his educational qualification and evidence of his birth certificate or affidavit of declaration of age have combined to render the form inchoate.

The plaintiff queried the authenticity of the statement of result or result sheet presented by Buhari on the ground that they bear ‘Mohamed’ Buhari as against ‘Mohammadu.’

Hearing in the case has been fixed for February 9.

 http://www.thisdaylive.com/articles/certificate-saga-court-orders-service-of-documents-on-buhari-inec/200861/