Onuka Ibe has approached the Federal
High Court sitting in Abuja, begging it
not to allow Major General
Muhammadu Buhari, rtd, to contest
the March 28 presidential election on
the platform of the All Progressives
Congress, APC.
The plaintiff, through his lawyer
Mr. U.O. Ukairo, prayed the court
to invoke its original powers and
compel Buhari to not only
withdraw from the presidential
race, but to equally stop parading
himself as a bonafide candidate for
the poll.
He contended that the 1st
defendant (Buhari), is not legally fit
to vie for presidency in view of the
pendency of a perjury charge
against him.
The plaintiff maintained that
Buhari violated the provision of
section 31 of the Electoral Act by
lying on oath about his educational
qualifications.
He told the court that a personal
investigation he conducted revealed
that Buhari lacks the basic
educational qualifications, adding
that the information the 1st
defendant supplied to the
Independent National Electoral
Commission, INEC, in his Form
CF001, were false.
Aside Buhari and the APC, INEC
was also joined as a defendant in
the suit marked FHC/UM/C9/13/15.
Meantime, Justice Ademola Adeniyi
has ordered the service of the court
processes on Buhari at his official
residence at 4A and B Sultan Lane,
Off Sultan Road in Kaduna.
The Judge said the defendant could
as well serve the Originating
Summons on the 1st defendant via
substituted means, to wit;
publishing same in any national
daily.
The case was subsequently
adjourned to March 26 for hearing.
Specifically, the plaintiff is among
other things, praying the court to
make a “declaration that the
information contained in Form
CF001 the 1st defendant supplied
on oath to the 3rd defendant in
accordance with section 31 of the
Electoral Act, are false.
“An order that upon determining
the falsity of the above depositions
that the 1st defendant is thereby
disqualified from contesting the
Presidential election holding on
March 28, 2015, on the platform of
the 2nd defendant.
“An order directing the 3rd
defendant (INEC) to remove the
name of the 1st defendant as a
candidate in the Presidential
election holding on March 28, 2015.
As well as, “An order directing that
any votes accredited to the 1st
defendant at the election shall be
null and void, he being disqualified
ab-initio as a candidate in the
election.
In a 14 paragraphed statement of
claim, the plaintiff, told the court
that he is a citizen from Amaekpu-
Ohafia in Abia State and is a
farmer/politician.
He said he was formerly elected as
a Councilor that represented Isiama
ward in Okasia Local Government
Area of Abia State and a registered
voter who is entitled to vote in the
forthcoming general elections.
He averred that, “The first
defendant in order to be eligible to
contest the presidential election
submitted to the 3rd defendant an
affidavit which is by the
nomenclature of the 3rd defendant,
known as Form CF001.
“The said Form CF001 contains, on
oath, the personal particulars of the
1st defendant.
“The 3rd defendant in accordance
with electoral procedure published
the said particulars of the 1st
defendant in Umuahia, Abia State,
being one of the constituencies of
the 1st defendant.
“The plaintiff inspected the said
Form CF001 and has reasonable
grounds to believe that the
following information are false:
“(1) All my academic qualification
document as filled in my
presidential form, ApC/001/2015,
are currently with the Secretary
military board as at the time of this
affidavit. (2) WASC-1961.
“The particulars and or facts upon
which the plaintiff founded the
reasonable grounds are: 1) The
Nigerian Army like other
organisations do not keep
certificates of serving or retired
Soldiers, but copies only, a fact
known to the 1st defendant as a
past military Head of State of
Nigeria.
“(2) Accordingly the “academic
qualifications documents or some
or one of them do not exist.
“(3) the defendant knowing that he
does not have “WASC-61″ academic
qualifications resorted to lying on
oath, failed to attach any
certificate.
“(4) There is a presumption against
unnatural events to the effect that
where a person claims that his
certificates are with the office
that regulated his previous services,
it is probable that no such
certificate is in existence.
“(5) There is no office known under
any law at all as “The Secretary
Military Board”, a fact known or
ought to be known by the 1st
defendant, a retired General of the
Nigerian Army.
”(6) Arising from above, the
plaintiff has no place at which he
could verify the deposition of the
1st defendant.
“The plaintiff is “a person” under
section 31(5) of the Electoral Act
and accordingly has the requisite
locus standi to file this suit.
“The plaintiff upon inspecting the
said Form CF001 applied to the 3rd
defendant for a copy of it at its
office at Umuahia but the 3rd
defendant refused to give any copy
to the plaintiff but directed the
plaintiff to submit the application
to its Abuja office.
“The plaintiff in obedience to the
directive of the 3rd defendant at its
Umuahia office submitted another
application at the Abuja office of
the 3rd defendant. (a copy of the
letter is hereby pleaded and will be
relied upon at the trial) .
“Regrettably, the 3rd defendant has
continued to refuse to give a copy
of the said Form CF001 to the
plaintiff for which reason the
plaintiff went to the notice board of
the 3rd defendant and took
photographs of the Form CF001
with a digital Samsung Tablet
which the plaintiff will be
relied upon at the trial.
“The plaintiff has demanded that
the 1st defendant withdraws from
the presidential election but he
continues to parade himself as a
candidate”
Source: Vanguard
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