A Lagos lawyer, Itesede Okhai has asked a Federal High Court in Lagos to disqualify President Mohammudu Buhari, from participating in the 2019 General Election, over his failure to present his Certificates and educational qualification the Independent National Electoral Commission (INEC).
The lawyer in a suit which was filed on Monday, October 29, and marked FHC/L/CS/1765/18 is seeking an order disqualifying President Buhari from contesting or participating in the Presidential election fixed for 2019, on the ground that the president has not satisfy the provisions of the Electoral Act (as amended) and INEC Form 001
Okhai is also asking the court for an order of restraining INEC from permitting the President Buhari from participating in the 2019 Presidential Election.
He further wants the court to declare that the said sworn affidavit without attaching the certificate/educational qualification is null and void, as it cannot substitute or take the place of the evidence of the President Buhari’s educational qualification as such requirement is a condition precedent in INEC Form CF001.
The lawyer is also demanding for a declaration that by the combined provisions of Sections 31(1), 2 and 5 of the Electoral Act. Cap 15, Laws of the federation of Nigeria, 2010, and INEC Form CF001, President Buhari is mandated by law to strictly comply with the provisions laid down under the Electoral Act (as amended) and the INEC Form CF 001, as related to attaching evidence of the President Buhari’s educational qualification as required under INEC Form CF 001.
Okhai in an affidavit attached to the motion on notice claimed that INEC has published and fixed for February 16, 2019 Presidential Election in Nigeria and that in view of the fact the fixed presidential election, political parties registered with INEC and those eligible to participate in the general election have submitted to INEC the list of candidates and affidavit in the prescribed form as stipulated in 2010 Electoral Act (as amended).
This deponent also stated that the content of the affidavit deposed to by President Buhari was quoted as follows: “I am the above named person and deponent of this affidavit herein. All my academic qualification documents as filled in my presidential form, APC/001/2015, are currently the Secretary of the Military Board as the the of this affidavit”. Adding that all efforts to secure the INEC form CF 001 to which the said affidavit was attached for the purpose of this suit were abortive.
The lawyer also averred that he knows that there is conditions inherent and precedent prescribed in the INEC Form C.F. 001, which deponent is required to satisfy to make the form complete. And that INEC form C.F. 001 herein is not in compliance with the prescribed form under the 2010 Electoral Act.
He also averred that the INEC Form C.F. 001submitted by President Buhari to INEC was not accompanied by evidence of his educational qualification. And that the INEC Form C.F. 001 referred to and filed by President Buhari, wherein he stated under oath that he is the person seeking election into the office of the President in Nigeria constituency and he supplied personal particulars there under.
He also stated that he know as a fact that President Buhari stated on oath that his certificates evidencing his educational qualification are in the possession of the Nigeria Army. And also made the same claim in 2014. Adding that for a fact that pursuant to the said assertion made by the President Buhari, the Nigerian Army through its spokesman, Brigadier General Olaleye Olajide, at a press conference held on January 20, 2015, stated that Nigerian Army is not in possession of Buhari’s certificates evidencing his educational qualification.
He averred that he is reasonably believed that President Buhari has lied on oath where he claimed that his educational certificates are with the Nigerian Military Board.
No date has been fixed for the hearing of the suit, as it is yet to be assigned to any judge.
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