GMB, INEC To Be Served Court Documents

A Federal High Court sitting in Abuja today ordered that the
presidential candidate of the All Progressives Congress (APC),
General Muhammadu Buhari (rtd) be served the court
documents ahead of a hearing on a case seeking to disqualify
him from the 2015 presidential race.
The court which fixed February 9, 2015 for hearing of the suit
also ordered the court documents to be served to the
Independent National Electoral Commission (INEC).
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According to Premium Times, Presiding Justice, Adeniyi
Ademola gave the order today in a suit FHC/ABJ/CS/14/2015
filed by way of originating summon by an Abuja-based legal
practitioner, Max Ozoaka, against Buhari and INEC.
Ozoaka sought and secured an exparte order for the defendants
to be served by substituted means, including notices in three
national dailies.
Justice Ademola also granted the applicant’s prayers for an
abridge time within which the defendants would enter
appearance in the matter.
In the substantive suit, Ade Okeaya-Inneh, SAN, counsel to the
Mr. Ozoaka, is seeking among other relief:
- A declaration that by the combined provisions of Sections 31(1)(2)
and (3) of the 2010 Electoral Act as amended and INEC Form CF
001, the 1st defendant is mandatorily obliged by the law to comply
strictly with the provisions laid down under the Electoral Act as
amended and INEC Form CF 001 as it relates to attaching evidence
of the 1st defendants birth certificate and evidence of his
educational qualifications as required under INEC Form CF 001;
-A declaration that by the combined reading of Sections 31(1)(2) (3)
and 31 (8) of the Electoral Act, the 1st and 2nd defendants are
mandatorily obliged by law to comply strictly with the provisions laid
down under the Electoral Act vis-a-vis the filing and submission of
INEC Form CF 001, by the 1st defendant attaching evidence of
educational qualifications as required under the said INEC Form CF
001 and that non compliance with this condition inherent amounts to
an offence under Section 31(8) of the Electoral Act;
-A declaration that the curriculum vitae and voters registration card
attached by the 1st defendant in his INEC Form CF 001 and
submitted to the 2nd defendant as a presidential candidate in 2015
general election is not in conformity with the form prescribed by the
Electoral Act/INEC Form CF 001 and is manifestly in contravention
of the said Act/INEC Form CF 001 and therefore null and void;
-An other declaring as invalid the INEC Form CF 001 as filled by the
1st defendant as being inchoate and manifestly in contravention of
the provisions of the Electoral Act/INEC Form 001 as the 1st
defendant did not comply with a condition inherent/precedent in the
INEC Form CF 001 submitted to the 2nd defendant, by failing and/or
refusing to attach evidence of his birth certificate and educational
qualifications which are conditions inherent/precedent as prescribed
in the form;
-A declaration that the 1st defendant is not eligible to participate in
the 2015 Presidential election for failure to comply with the terms for
submission of list of candidate and affidavit of personal particulars
of persons seeking election to the office of the president;
-A declaration that the sworn affidavit by the 1st defendant stating
that his original certificates are presently with the Secretary Military
Board cannot replace and/or satisfy the provision under INEC Form
CF 001 requiring him to attach evidence of his educational
qualification as such requirement is a condition inherent and a
condition precedent to his eligibility to contest/participate in the
2015 presidential election;
-An order disqualifying the 1st defendant from contesting and/or
participating in the presidential election fixed for the 14th February,
2015 or any other date that the 2nd defendant may fix; and
-An order restraining the 2nd defendant from permitting the 1st
defendant from participating in the presidential election fixed for
14th February, 2015 or any other date that the 2nd defendant may
fix.
Mr. Ozoaka also raised eight questions for the court’s determination.
Among the questions are:
-Having regards to the clear, unequivocal and sacrosanct provisions
of Section 31(1), (2), (3) and (5) of the Electoral Act, Cap 15 Laws of
the Federation of Nigeria, 2010 and INEC Form CF 001 which
stipulates the conditions to be complied with in the submission of
list of candidates and their affidavits to INEC, whether the 1st
defendant herein has complied with the said law and INEC Form CF
001, when he failed to attach evidence of his educational
qualifications to the INEC Form CF 001 submitted to the 2nd
defendant for the purpose of the 2015 presidential election.
-Whether the curriculum vitae of the 1st defendant as attached by
the 1st defendant alongside the affidavit sworn by the 1st defendant
and attached in the INEC Form CF 001 to the 2nd defendant suffices
and/or replaces evidence of the 1st defendant’s educational
qualifications as required by INEC Form CF 001 and is in accordance
with the prescribed form as stipulated by Sections 31 (1) of the
Electoral Act, Cap 15 LFN.