Unic Press UK: On Thursday, the 30th June, a High Court of Justice sitting in Abuja, presided by Judge Adeniyi Ademola, struck off the case on certificate forgery against President Muhammadu Buhari.
The case was struck off sequel to a notice of discontinuance pursuant to order 50, Rule 2 (1) of the Federal High Court Rules that was filed by the plaintiff, Nnamdi Nwokocha-Ahaiwe, through his legal counsel Chikordi Okeorji.
The defendants in the case included:
- Independent National Electoral Commission (INEC).
- All Progressives Congress (APC).
- Muhammad Buhari.
In the originating summons, the plaintiff sought:
- “A declaration that the averment/statement by the 3rd defendant, General Muhammad Buhari (Rtd), GCFR, in his affidavit sworn to on November 24, 2014 at the High Court of the Federal Capital Territory Abuja, that all his academic qualification documents as filled in his Presidential Nomination Form No. President APC/001/2015 are currently with the Secretary, Military Board as at the time of deposing to the affidavit, is false.
- “A declaration that neither the Nigeria Army nor any of its organs is in possession of the Primary Six School Certificate or the West African School Certificate of the 3rd defendant, General Muhammadu Buhari, Rtd, GCFR.
- “A declaration that the false averments/statements by the 3rd defendant in his affidavit in support of personal particulars (INEC Form C.F. 001) that he has fulfilled all requirements for qualification to the office of president and also in his affidavit sworn to on November 24, 2014 at the High Court of the FCT Abuja, to the effect that all his academic qualification documents as filled in his presidential nomination form No. President APC/001/2015, are currently with the Secretary, Military Board, disqualifies him from standing election to the office of President of the Federal Republic of Nigeria, pursuant to the provisions of section 31(5) & (6) of the Electoral Act 2010, as amended.
- “A declaration that the 3rd defendant did not provide any proof or evidence in his INEC Nomination Form for office of President of the Federal Republic of Nigeria [Form E.C. 4B (i)], its accompanying documents and affidavit in support, submitted by him to the 1st defendant (INEC) that he is qualified to contest for election to the office of President of the Federal Republic of Nigeria in line with the qualification criteria set out in section 131(d) of the 199 constitution, as amended.
- “A declaration that the 3rd defendant was not qualified to stand for and contest the election to the office of President of the Federal Republic of Nigeria at the 2015 general election for making false statement to INEC in breach of the provisions of section 31(6) of the Electoral Act 2010 (as amended) and failure to attach proof to his nomination form that he has attained educational qualifications to qualify to contest election to the office of President of the Federal Republic of Nigeria as set out in section 131(d) of the 1999 constitution of the Federal Republic of Nigeria”. More so, the plaintiff prayed for an order invalidating the candidature of President Buhari in respect of the 2015 general elections, as well as an order directing INEC to withdraw the Certificate of Return issued to him.
- “An order directing INEC to issue a new Certificate of Return to the office of President of the Federal Republic of Nigeria to Goodluck Ebele Azikiwe Jonathan, of the Peoples Democratic Party, PDP, being the candidate who came second in the 205 Presidential Elections”.
