A Federal High Court in Abuja has ordered the service of
court papers on the presidential candidate of the All Progressives Congress,
Maj.-Gen. Muhammadu Buhari (retd.) in a fresh suit seeking an order
disqualifying him from participating in the February 14 elections.
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 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. Buhari and INEC are the two
defendants in the suit.
The court has 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 INEC 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 “incompetent some being inchoate and not in conformity with the form
prescribed under the Electoral Act.”
He further stated that alleged 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)
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