The reasons why the Federal High Court in Abuja, on Thursday,
struck out the suit querying the educational qualification of President
Muhammadu Buhari have been revealed. Mr. Nnamdi Nwokocha-Ahaaiwe, had
approached Justice Ademola Adeniyi challenging the academic
qualification documents as filled in his presidential nomination form
No. President APC/001/2015.
The court revealed that it threw out the case following a request by Mr. Nnamdi Nwokocha-Ahaaiwe for a ‘notice of discontinuance’.
At the resumed sitting on the matter, Nwokocha-Ahaaiwe declared his
intention to withdraw the suit, though he failed to adduce any reason
behind the decision.
Vanguard
reports that the trial court had earlier okayed indefinite adjournment
of the case owing to an appeal President Buhari lodged before the Abuja
Division of the Court of Appeal on June 15. Meantime, in view of the
application by the plaintiff, Justice Adeniyi, in a bench ruling, placed
reliance on Order 50(2) of the Federal High Court Civil Procedure Rules
and terminated further hearing on the matter.
Cited
as defendants in the suit which was initiated before the 2015
presidential election, were the Independent National Electoral
Commission, INEC, and the All Progressives Congress, APC. Specifically,
the plaintiff who is a legal practitioner had in his amended concurrent
originating summons, sought “a declaration that the
averment/statement by the 3rd defendant, General Muhammad Buhari (Rtd),
GCFR, in his affidavit sworn to on November 24, 2014 at the High Court
of the Federal Capital Territory Abuja, that all his academic
qualification documents as filled in his Presidential Nomination Form
No. President APC/001/2015 are currently with the Secretary, Military
Board as at the time of deposing to the affidavit, is false.
“A
declaration that neither the Nigeria Army nor any of its organs is in
possession of the Primary Six School Certificate or the West African
School Certificate of the 3rd defendant, General Muhammadu Buhari, Rtd,
GCFR.
“A declaration that the
false averments/statements by the 3rd defendant in his affidavit in
support of personal particulars (INEC Form C.F. 001) that he has
fulfilled all requirements for qualification to the office of president
and also in his affidavit sworn to on November 24, 2014 at the High
Court of the FCT Abuja, to the effect that all his academic
qualification documents as filled in his presidential nomination form
No. President APC/001/2015, are currently with the Secretary, Military
Board, disqualifies him from standing election to the office of
President of the Federal Republic of Nigeria, pursuant to the provisions
of section 31(5) & (6) of the Electoral Act 2010, as amended.
“A
declaration that the 3rd defendant did not provide any proof or
evidence in his INEC Nomination Form for office of President of the
Federal Republic of Nigeria [Form E.C. 4B (i)], its accompanying
documents and affidavit in support, submitted by him to the 1st
defendant (INEC) that he is qualified to contest for election to the
office of President of the Federal Republic of Nigeria in line with the
qualification criteria set out in section 131(d) of the 199
constitution, as amended.
“As well as, a
declaration that the 3rd defendant was not qualified to stand for and
contest the election to the office of President of the Federal Republic
of Nigeria at the 2015 general election for making false statement to
INEC in breach of the provisions of section 31(6) of the Electoral Act
2010 (as amended) and failure to attach proof to his nomination form
that he has attained educational qualifications to qualify to contest
election to the office of President of the Federal Republic of Nigeria
as set out in section 131(d) of the 1999 constitution of the Federal
Republic of Nigeria”.
More so, the plaintiff
prayed for an order invalidating the candidature of President Buhari in
respect of the 2015 general elections, as well as an order directing
INEC to withdraw the Certificate of Return issued to him.
He equally wanted “an
order directing INEC to issue a new Certificate of Return to the office
of President of the Federal Republic of Nigeria to Goodluck Ebele
Azikiwe Jonathan, of the Peoples Democratic Party, PDP, being the
candidate who came second in the 205 Presidential Elections”.
Nwokocha-Ahaaiwe contended that there was no organ, institution, agency, department or authority known as and called the “Military
Board” existing in Nigeria as at November 24, 2014, when President
Buhari deposed an affidavit before the Abuja High Court. President
Buhari has earlier engaged a consortium of lawyers, comprising of 13
Senior Advocates of Nigeria, SANS, to defend him both at the high court
and the Abuja Division of the Court of Appeal. The legal team of the
President was headed by Chief Wole Olanipekun, SAN. Buhari had gone
before the appellate court to challenge a ruling Justice Adeniyi
delivered on May 26, 2016, wherein he held that the suit was properly
served on the defendant by the plaintiff.
The appellant argued that the trial Judge erred in law when he held that “the 3rd defendant was served the plaintiff’s originating summons as required by law and the rules of court”.
Buhari
argued that the plaintiff ought to have served him the process at his
address at No 4A & B Sultan Lane, Off Sultan Road, Kaduna, instead
of serving the originating summons and other processes on him via
substituted means at the National Headquarters of the APC at No. 40
Blantyre Street, Off Adetokunbo Ademola Street, Wuse II, Abuja.
“The
failure of the learned trial Judge to set aside the order for
substituted service has occasioned grave injustice to the appellant. The
refusal and or failure to set aside the order is perverse”, Buhari contended.