A Federal High Court in Abuja on Wednesday adjourned all the
suits challenging the eligibility of the presidential candidate of
the All Progressives Congress, Maj. Gen. Muhammadu Buhari,
to contest in the poll slated for Saturday, till April 22 and 23.
It implies that no judicial pronouncement can be made in the
suits before the conduct of the poll on Saturday.
Justice Adeniyi Ademola after fixing the new dates for the
suits, explained that his decision was informed by the court’s
impending Easter holiday and judges’ conference that would
follow.
The judge fixed the new dates without entertaining
suggestions from lawyers to the parties.
The plaintiffs in all the three suits want the court to declare
Buahari ineligible to contest in the election on the basis of his
alleged failure to submit his certificate of academic
qualifications along with his Form CF001 to the Independent
National Electoral Commission.
The plaintiffs claim that Buhari’s failure to submit his
certificate of academic qualifications contravened provisions
of sections 131 and 318 of the 1999 Constitution and section
31(3) of the Electoral Act, 2010.
With three of the suits earlier struck on Tuesday, there are
now three pending suits challenging Buhari’s eligibility to
contest in the Saturday’s poll now pending before the court.
The judge fixed the new dates for the cases after he dismissed
separate applications by two persons seeking to be joined as
defendants in one of the suits.
The court in his ruling described the intending parties as
“busy bodies and meddlesome interlopers”.
The parties seeking to be joined and whose applications were
dismissed on Wednesday were Chukwuma Ochu and Ebun-Olu
Adegboruwa.
The particular suit, FHC/ABJ/CS/01/15, in which the court
ruled on Wednesday was filed by Chukwunweike Okafor.
But Justice Ademola added that the ruling on both the
intending parties’ applications to join the suit and
adjournment would bind other pending suits challenging
Buhari’s eligibility that are still pending in his court.
Buhari, APC and the Independent National Electoral
Commission are the defendants in the suit and the other
pending ones.
Okafor was represented by his lead counsel, Chief Mike
Ozekhome (SAN), while Chief Akin Olujnmi (SAN) represented
Buhari, Mr. Sikiru Adewoye represented the APC and Mr.
Hassan Liman represented the INEC.
The court had on Tuesday struck out three of such suits, one
of which was filed separately by Ayakeme Whiskey (FHC/
ABJ/CS/68/15); and the two others filed by Friday Ojelaro
(FHC/ABJ/CS/20/15 and FHC/ABJ/CS/3/2015).
The three suits were struck out because they were mere
replica of one another and the remaining pending suits.
The pending suits which have now been adjourned till April 22
includes the ones filed by Okafor. The others were filed by
Ayakeme Whiskey (FHC/ABJ/CS/68/15) and Max Ozoaka
(FHC/ABJ/CS/14/15).
Justice Ademola ruled on Wednesday that he would hear the
main suits together with the preliminary applications filed by
the defendants on the next adjourned date.
