2019: Court adjourns suit seeking Buhari’s disqualification over alleged false information

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An Abuja division of the Federal High Court has adjourned to January 21 a suit seeking the disqualification of the president, Muhammadu Buhari, over alleged false information contained in form cf 001 submitted to the Independent National Electoral Commission (INEC) for the 2019 election.

The plaintiffs, Kalu Kalu, Labaran Ismail, and Hassy Kyari el-Kuris, are alleging that Mr Buhari lied in his form, cf 001, submitted to INEC, regarding his educational qualification/certificate.

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The suit, which was filed on behalf of the plaintiffs by Ukpai Ukiro, has as the first defendant, Mr Buhari, the APC as the second defendant, and INEC as the third defendant.

The suit, with no: FHC/CS/ABJ/1310/2018, wants the court to determine, “whether having regard to the information in the affidavit contained in the 1st defendant’s INEC’s form, cf 001 regarding his educational qualification /certificate, the 1st defendant has submitted False information to the 3rd defendant.

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Whether from the facts and exhibit contained in the affidavit in support of this originating sermon and having regard to section 31 (5 and 6) of the electoral act as amended, the first defendant is disqualified from running for the office of the president of the Federal Republic of Nigeria in 2019 general election.

Whether the first defendant, having submitted false information to the third defendant, the second defendant can validly present the first defendant as its candidate for the office of the president of the Federal Republic of Nigeria for the 2019 general elections.

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Upon the determination of the above question, the plaintiff is, therefore, seeking a court declaration, that the first defendant submitted false information regarding his educational qualification /certificate for the purpose of contesting election into the office of the president of the Federal Republic of Nigeria.

The plaintiffs, in addition, want the court to declare that the first defendant, having submitted false information regarding his educational qualification/certificate, is disqualified from contesting election into the office of the president of Nigeria.

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Consequent upon this, the plaintiffs are seeking an order of court disqualifying the first defendant from presenting himself and or contesting as president in the general election.

The plaintiffs also asked for an order of the court, directing the third defendant to reject/remove the first defendant’s name as the presidential candidate of the second defendant submitted to it for the 2019 general election.

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An order of this honourable court restraining the first defendant from parading himself as the presidential candidate of the second defendant for the 2019 general election.

An order of this honourable court restraining the second defendant from parading the first defendant as the second defendant’s presidential candidate for the 2019 general election.

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During the court session on Wednesday, counsel to the plaintiffs, U. C Ndubisi, informed the court that the matter is for mention, adding that all the defendants have been served all the process.

Mr Ndubisi added that the first defendant asked for an extension of time, as well as filing a preliminary objection to the originating sermon.

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He, therefore, asked for time to respond to the first defendant’s application.

Subsequently, the judge, Ahmed Muhammad, adjourned to January 21 for the hearing of the main suit and the preliminary objection.

Mr Muhammad also ordered hearing notices to be served on the second and third defendant.

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