Baring any last minute change, an Abuja Federal High Court (FHC), will on April 22, 2015, commence hearing into the action seeking to disqualify president elect, Muhammadu Buhari of the All Progressives Congress (APC), from participating in the already concluded presidential election.
It would be recalled that four different plaintiffs had approached the FHC, with a prayer that it should disqualify Buhari from participating in the presidential poll over alleged certificate forgery and perjury.
In the substantive suit initiated by one Chike Okafor, he claimed that Buhari’s failure to submit his certificate of academic qualifications contravened Sections 131 and 318 of the 1999 Constitution and Section 31(3) of the Electoral Act, 2010.
The plaintiff further stated that the president elect perjured under oath to the Independent National Electoral Commission (INEC) when he swore that the military was in possession of his academic papers. However, while the suit was pending, APC applied to be joined and was consequently joined as a co-defendant.
But in responding to the development, lawyer to the plaintiff, Mike Ozekhome (SAN), issued a warning that Buhari’s supporters should stop celebrating prematurely as the High Court could overturn Saturday March 28, 2015 election result if it finds that Buhari lacked the requisite qualifications.
According to him, “In the event, for example, Buhari wins the election, all it simply means is that when eventually we finish this case and the court finds that he was not qualified… the court will simply dethrone him.”
Lawyer to Buhari, Akin Olujinmi, on the other hand, argued that he was absolutely happy with the court’s decision as it removed the air of “uncertainty and pressure on the INEC.” Challenging the suit initiated by two plaintiffs, Chike Okafor and Max Ozoaka who had filed separate suits seeking to stop Buhari, his lawyer, Chief Wole Olanipekun (SAN), who led about seven other Senior Advocates of Nigeria told the court that he is opposing the suit in its entirety and also the order for substituted service on his client.
Counsel to the APC, Chief Lateef Fagbemi (SAN), submitted that with the postponement of the elections as announced by the INEC on Saturday, there is no urgency in the matter and as such the order for substituted service be set aside.
Apart from this particular suit, a kinsman of President Goodluck Jonathan from Bayelsa State, Donald Daunemigha had also instituted a suit before the Federal High Court in Abuja against Buhari, demanding that the General be disqualified from participating in the March 28 election.
Daunemigha also joined in the suit filed by his lawyer, Douye Fiderikumo, is the Independent National Electoral Commission (INEC) as 2nd defendant.
In the suit designated FHC/ABJ/CS/116/15, Jonathan’s kinsman want the court to issue an order declaring that the APC Presidential candidate is not qualified to contest the election to the office of the President of the Federal Republic of Nigeria slated for March 28th or such other time as the 2nd defendant may determine having presented a forged certificate to INEC.
Daunemigha in his originating summon, is also seeking an order disqualifying Buhari from contesting the election to the office of President, Federal Republic of Nigeria, slated to hold on the 28th of March, 2015 or such other time as the INEC may determine having presented a forged certificate to INEC.
The suit reads: “Also an order of perpetual injunction restraining the INEC by itself or by its servants, agents, privies however described from recognising or treating or accepting the APC flag bearer, Muhammudu Buhari, as a candidate for the election to the office of President, Federal Republic of Nigeria slated to hold on the 28th day of March, 2015 or such other time as the 2nd defendant may determine having presented a forged certificate to the INEC.”
Another plaintiff who is said to be a farmer from Abia State, Mr. Sergin Onuka Ibe, had equally gone to the Federal High Court in Abuja, asking it to stop Buhari from contesting the March 28, 2015 presidential election.
The self acclaimed farmer through his counsel, 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.
The plaintiff further argued that the 1st defendant (Buhari), is not legally fit to vie for presidency in view of the pendency of a perjury charge against him. He maintained that Buhari violated the provision of section 31 of the Electoral Act by lying on oath about his educational qualifications.
The farmer equally intimated 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 INEC, in his Form CF001, were falseH He also joined INEC as a defendant in the suit numbered FHC/UM/C9/13/15.
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.
“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.”
According to 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/politicianH He equally explained that 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.
Ibe argued 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.
“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.” But the APC seemed not to be satisfied with the barrage of litigations. This apparently may have been responsible for it, raising the alarm that the Peoples Democratic Party (PDP) is plotting to use the courts to find Buhari guilty of perjury.
The APC in a statement signed by the party’s Presidential Campaign Organisation media director, Mallam Garba Shehu said, “APC Campaign alerts on Presidency’s, PDP’s grand plan to scuttle 2015 elections.
“PDP plans to procure judgment, precipitate crisis, impose state of emergency. We have it on good authority that the kernel of the plan is to use the subterfuge of the frivolous litigation by some people to get a court pronouncement (from one of the Presidency’s pliable Judges) to the effect that General Muhammadu Buhari – the APC presidential candidate – lied under oath in saying that the military had his certificate, whereas, the military had denied being in possession of the certificate.”
The campaign organisation further alleged that Buhari’s defence in court may not matter, as the plot to stop him has been allegedly sealed. APC added that should Buhari’s disqualification trigger any violence, the PDP-led federal government would anchor on that to slam a six-month long state of emergency.
The statement further reads, “The All Progressives Congress Presidential Campaign Organisation (APCPCO) has alerted of a dastardly plot by the PDP and the President Jonathan-led government to scuttle the 2015 general elections.
“The campaign has it on good authority that the kernel of the plan is to use the subterfuge of the frivolous litigation by some people to get a court pronouncement (from one of the Presidency’s pliable Judges) to the effect that General Muhammadu Buhari – the APC presidential candidate – lied under oath in saying that the military had his certificate, whereas, the military had denied being in possession of the certificate.
“The counter arguments by the APC’s candidate’s counsel would not matter because the particular Federal High Judge has been prepared to do a dirty hatchet job. The APC revealed it is their calculation that this wicked pronouncement of disqualification of the APC candidate shall precipitate spontaneous violent protests across the country.
“This scenario shall then make President Goodluck Jonathan, the People’s Democratic Party (PDP) candidate in the 2015 general election, to declare a six-month state of emergency across the land.
“The three-week long strike action by the Judiciary Staff Union of Nigeria (JUSUN) was embarked upon on the prodding of the PDP-led Federal government as a way to stymie any higher Court upturning of the lower Court pronouncement which ruled on President Jonathan’s eligibility to contest the February 14 election.
“The same trade union has been procured to open the Court to allow for this court pronouncement in disqualifying General Buhari from contesting the election. We are aware of the intense desperation of the PDP-led Federal government of Dr. Goodluck Jonathan in desiring to retain political power at all costs despite his and his party’s overwhelming rejection by the Nigerian people, ahead of the 2015 general election.
“We have brought this wicked plot of the PDP-led government to the attention of Nigerians, from whom any government derives its legitimacy. Nigeria cannot be thrown into chaos because of the selfish and callous desire of a tiny cabal to goad the Nigerian people into its destructive path.
“The governance of the Nigerian people by any person or group of persons must have the assent of the Nigerian people.” The APC campaign organisation charged the international community to prevail on, “This obviously agitated presidency not to plunge the Nigerian State into avoidable intractable crisis.”
Meanwhile, the president elect has said he is not touched by the various litigation challenging his eligibility. He Infact directed those challenging his competence to meet INEC. Buhari said: “Well I am not surprised. This is Nigeria. If people are serious about this issue they ought to have listened to the legal adviser of the Independent National Electoral Commission (INEC).
“This is the first time, INEC by law, has got those documents and they said they have got them. So, anybody who has any different view should go to court. I think they have gone to court. So, let them remain there.”
Photo credit: Newswatch Times
Out-going Nigerian President Goodluck Jonathan, today questioned the claims proffered by the All Progressives Congress (APC) that his visit to Lagos on was to see to the coordinate of the rigging plans for the Peoples Democratic Party (PDP) for tomorrow's governorship election.
