Buhari’s eligibility suit suffers setback, adjourned to April 22

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.