Buhari escapes disqualification

 Maj.-Gen. Muhammadu Buhari (retd)

A Federal High Court in Abuja on Wednesday adjourned till April 22 and 23, all the suits challenging the eligibility of the presidential candidate of the All Progressives Congress, Maj. Gen. Muhammadu Buhari, to contest in the March 28 poll.

By implication, the court will not make any judicial pronouncement on Buhari’s eligibility till after the   March 28 and April 11 elections.

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 the judges’ conference that would follow.

The judge fixed the new dates without entertaining suggestions from lawyers to the parties.

The plaintiffs in all the suits want the court to declare Buhari ineligible to contest in the presidential election on the basis of his alleged failure to submit his school certificate   along with his Form CF001 to the Independent National Electoral Commission.

The plaintiffs claim that Buhari’s failure to submit the certificate contravenes 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 out on Tuesday, there are now three   challenging Buhari’s eligibility.

The judge fixed the new dates for the cases after he dismissed separate applications by two persons – Chukwuma Ochu and Ebun Olu-Adegboruwa   – seeking to be joined as defendants in one of the suits.

The judge described the intending parties as “busybodies and meddlesome interlopers.”

The particular suit, FHC/ABJ/CS/01/15, in which the judge ruled on Wednesday was filed by Chukwunweike Okafor.

But Justice Ademola said the ruling on both the intending parties’ applications to join the suit and the adjournment would bind other pending suits challenging Buhari’s eligibility that are pending in his court.

Buhari, APC and INEC are the defendants in the suit and the other pending cases.

Okafor was represented by his lead counsel, Mike Ozekhome (SAN) while   Akin Olujinmi (SAN) represented Buhari.

Sikiru Adewoye represented the APC and   Hassan Liman, INEC.

The court had on Tuesday struck out three of such suits. one of them was filed   by Ayakeme Whiskey (FHC/ABJ/CS/68/15); and the others 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.

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.