A Federal High Court, Abuja, Wednesday, adjourned to January 21 an application which seeks to disqualify the All Progressives Congress (APC) presidential candidate, President Muhammadu Buhari, on grounds that he presented false information to the election umpire, the Independent National Electoral Commission (INEC) for the purpose of contesting the 2019 presidential election.
The plaintiffs, Kalu Kalu, Labaran Ismail, and Hassy Kyari el-Kuris, alleged that the President lied in his informstion contained in form CF001, which he submitted to INEC, regarding his educational qualification.
The suit, filed by Ukpai Ukiro, on behalf of the plaintiffs, has as the first defendant, President Buhari, the APC and INEC as the second and third defendant respectively.
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 first defendant’s INEC’s form, CF 001, regarding his educational qualification /certificate, the first defendant has submitted false information to the third defendant.
“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 2010, 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.
Upon the determination of the above question, the plaintiffs are therefore, seeking a court declaration, that the first defendant submitted false information regarding his educational qualification 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, is disqualified from contesting election into the office of the president of Nigeria.
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 and remove the first defendant’s name as the presidential candidate of the second defendant submitted to it for the 2019 general election.
The plaintiffs further sought for: “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.
During the court session on Wednesday, counsel to the plaintiffs, U. C Ndubisi, informed the court that the matter was for mention, adding that all the defendants have been served all the processes.
Ndubisi added that the first defendant asked for an extension of time, as well as filing a preliminary objection to the originating sermon.
He, therefore, asked for time to respond to the first defendant’s application.
Subsequently, the trial judge, Ahmed Muhammad, adjourned to January 21 for the hearing of the main suit and the preliminary objection.
Justice Muhammad also ordered hearing notices to be served on the second and third defendant, and thereafter adjourned the case.