HEAD OF STATE WITHOUT CERTIFICATE: COURT STRIKES OFF CASE AS PLAINTIFF WITHDRAWS

The Abuja Division of the Federal High Court, has, struck out a suit challenging the veracity of the academic credentials of President Muhammadu Buhari. Justice Adeniyi Ademola held that by “section 50(2) of the federal high court civil procedure rules the matter is hereby struck out”. The plaintiff, a legal practitioner, Nnamdi Nwokocha-Ahaaiwe, filed a notice at the court to discontinue the suit. Nwokocha-Ahaaiwe had alleged that Buhari was not qualified to aspire for the office of the President of the Federal Republic of Nigeria because he did not sit for the Cambridge West African School Certificate, WASC, in 1961 as he claimed. The notice of discontinuance dated June 27 read: “Take note that the plaintiff in this originating summons, Nnamdi Nwokocha-Ahaaiwe, hereby discontinues this action.” ‎On June 16, Justice Adeniyi  adjourned the case indefinitely, following a notice of appeal filed by President Buhari. Recall that President Buhari had Wednesday, appealed against a previous ruling of the court dismissing his preliminary objection to the suit filed by Nnamdi Nwokocha-Ahaaiwe, an Abuja-based lawyer. To however argue his case, President Buhari hired 13 Senior lawyers led by  Wole Olanipekun (SAN). Others were Lateef O. Fagbemi (SAN), Akin Olujinmi (SAN), Oluwarotimi O. Akeredolu (SAN), Kola Awodein (SAN), Taiwo Osipitan (SAN), Charles Edosomwan (SAN), Emeka Ngige (SAN), Femi Atoyebi (SAN), Femi Falana (SAN), Funke Aboyade (SAN), H.O. Afolabi and 10 other counsels. Specifically, the plaintiff, in his amended concurrent originating summons, is seeking “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.” Besides, the plaintiff is seeking 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 wants “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 2015 Presidential election.”

Read more at: http://www.vanguardngr.com/2016/06/court-strikes-suit-challenging-buharis-certificate/

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