Court strikes out suit challenging Buhari’s eligibility
konknaijaboy | On 23, Apr 2015
Abuja— Justice Adeniyi Ademola of the Federal High Court sitting in Abuja on wednesday struck two suits that were instituted to challenge the eligibility of the President-elect, General Muhammadu Buhari to stand for the March 28 presidential election.
Justice Ademola struck out the matters after the two plaintiffs indicated their intention to withdraw the suits yesterday.
Chief Mike Ozekhome (SAN), who is representing one of the plaintiffs, Mr. Chukwemeka Okafor, told the court that his client decided to withdraw his suit to enable the incoming government focus on the “enormous task” of governance.
He said: “I personally feel that the President-elect, General Muhammadu Buhari should not have any distractions, because the expectations of Nigerians are high.
“I talked to my client that he should withdraw the matter and he agreed with me.”
However, Buhari’s legal team of Senior Advocates of Nigeria (SANs), represented by esterwhile Attorney General of the Federation, Chief Akin Olujimi (SAN), maintained that their client (Buhari) had all the required certicificates.
Olujimi said: “The matter has not gone for trial. If it went to trial, of course we have evidence to show that Buhari has certicificates.”
When the second case which was filed by Max Ozoaka was called, his lawyer, Dr. Chike Amobi, also gave similar reasons for withdrawing the suit.
With the outcome on wednesday’s proceedings, the remaining pending eligibility suit against Buhari is the one filed by Ayakeme Whiskey with the case number: FHC/ABJ/CS/68/15.
Buhari, who ran on the platform of the All Progressives Congress (APC), was on April 1 declared winner of the election, defeating the incumbent President Goodluck Jonathan of the Peoples Democratic Party (PDP).
The plaintiffs had filed the suits challenging Buhari’s eligibility, asking the court to declare him ineligible to contest in the election on the basis of his alleged failure to submit his certificate of academic qualifications along with his Form CF001 to the Independent National Electoral Commission.
The plaintiffs had claimed that Buhari’s failure to submit his certificate of academic qualifications contravened provisions of sections 131 and 318 of the 1999 Constitution and section 31(3) of the Electoral Act, 2010.