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It would be recalled Last week, A federal high court ordered the service of the appropriate documents on Gen. Buhari in respect to a suit seeking to among others, restrain him from participating in the election. Justice Adeniyi Ademola ordered a substituted service of the court on Buhari and the Independent National Electoral Commission, INEC after hearing the plaintiff’s application.
A Federal High Court in Abuja will today begin hearing on the suit seeking the disqualification of the All Progressives Congress, APC presidential candidate, Gen. Muhammadu Buhari, in the forthcoming March 28 presidential election.
In the suit marked FHC/ABJ/CS/14/2015 and filed by Max Ozoaka, the plaintiff raised eight questions for the court’s determination and prayed for an order disqualifying Buhari from contesting or participating in the election.
The suit has Buhari and INEC as defendants. It is the plaintiff’s contention that INEC Form CF 001 which the APC candidate submitted to the electoral body was incomplete because he allegedly failed to accompany the form with all relevant academic credentials. He also faulted some information contained in other documents he possessed including Buhari’s voter’s card.
The plaintiff wants the court to restrain INEC from allowing Buhari to participate in the presidential election. He also urged the court to declare “that the said INEC Form CF 001 submitted by the 1st defendant to the 2nd defendant for the 2015 presidential election is inchoate and not in conformity with the form prescribed under the Electoral Act.”
The plaintiff also prayed the court to declare that information contained in INEC voter’s card attached to INEC Form CF 001 submitted to INEC by Buhari is false on the ground that as at when the voter’s card was issued, the 1st defendant was not a public servant.” 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).
He further stated that the failure of Buhari to accompany the INEC Form with evidence of his educational qualification and that of his birth certificate or affidavit of declaration of age have combined to render the form inchoate. The plaintiff queried the authenticity of the statement of result or result sheet presented by Buhari on the ground that they bear ‘Mohamed’ Buhari as against ‘Muhammadu. The court thereafter fixed hearing on the case for today.