Godwin Tsa, Abuja
Justice Ahmed Mohammed of the Abuja Division of the Federal High Court has fixed January 21, 2019, for definite hearing in a fresh suit seeking the disqualification of President Muhammadu Buhari from contesting the forthcoming 2019 general elections.
An Abuja- based legal practitioner, Mr. Kalu Agu, who filed the suit together with Labaran Ismail and Hassy El-Kuris, alleged in the Originating Summons that President Buhari lied in his form CF 001 submitted to the Independent National Electoral Commission (INEC) with regards to his educational qualifications and certificates.
The suit listed the President, his political platform, All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) as the first, second and third defendants, respectively.
When the matter was called, on Wednesday, Counsel to the Plaintiffs, Uchendu Ndubisi, informed the court that the matter was for mention adding that all the defendants had been served with the processes.
He equally informed the court that the President filed an application seeking extension of time as well as a preliminary objection to the originating summons.
He, therefore, prayed the court for some time to enable him respond to the applications.
The plaintiffs are seeking the determination of the following questions “whether having regards to the information in the affidavit contained in Buhari’s INEC form CF 001, regarding his educational qualification/certificate, he has submitted false information to INEC.
“Whether from the facts and exhibits contained in the affidavit in support of the originating summons and having regards to Section 31(5)(6) of the Electoral Act 2010 as amended, Buhari is disqualified from running for the office of president in the 2019 general elections.
“Whether Buhari, having submitted false information to INEC, the APC can validly present him as its candidate for the office of president in the 2019 general elections.”
Upon the determination of the aforementioned questions, the plaintiffs seek a court declaration that the president submitted false information regarding his educational qualification to INEC to contest elections into the office of President of Nigeria in the 2019 general elections.
A declaration that the president, having submitted false information regarding his educational qualification/certificate, is disqualified from contesting elections into the office of president in the 2019 elections.
They also pray the court for an order directing INEC to reject or remove Buhari’s name as the presidential candidate of the APC submitted to INEC for the 2019 general elections.
Meanwhile, Justice Mohammed adjourned the matter until Jan. 21, for hearing of the main suit and the preliminary objection.
Mohammed also ordered that hearing notices be served on APC and INEC.