Justice Adeniyi Ademola, of the Federal High Court, sitting in Abuja, has fixed Thursday, June 16, to hear the case seeking the disqualification of President Muhammadu Buhari, over an alleged forged certificate.
Earlier, President Buhari, had brought a preliminary objection in a suit filed by an Abuja based Legal practitioner, Nnamdi Nwokocha-Ahaaiwe.
However, in a shocking move, Justice Ademola, quashed the suit and adjourned hearing till Thursday.
Nwokocha-Ahaaiwe, had alleged that Buhari was unqualified to aspire to the Office of the President of the Federal Republic of Nigeria, because he did not sit for the Cambridge West African School Certificate, WASC, in 1961, as he claimed.
However, Justice Ademola, in his ruling had held that it was incompetent and upheld the service of the originating court processes on Buhari.
The judge held that the service of the court’s processes on the president, through the secretariat of the All Progressives Congress, APC, was proper.
The court was satisfied that if it was served on a senior officer of the APC at the National headquarters, it would be brought to Buhari’s attention.
Dissatisfied with this ruling, Buhari, through his legal team, filed a notice of appeal at the Court of Appeal, Abuja Judicial Division, on seven grounds of appeal.
The President’s legal team, which endorsed the notice of appeal, is led by Chief Wole Olanipekun (SAN). Others are Mr. Lateef O. Fagbemi (SAN), Chief Akin Olujinmi (SAN), Oluwarotimi O. Akeredolu (SAN), Kola Awodein (SAN), Professor Taiwo Osipitan (SAN), Charles Edosomwan (SAN), Emeka Ngige (SAN), Femi Atoyebi (SAN), Femi Falana (SAN), Funke Aboyade (SAN), H.O. Afolabi (SAN), Muiz Banire (SAN), and 10 other counsel.
When contacted on the phone, the plaintiff, Nwokocha-Ahaaiwe, said the President has the constitutional right of appeal and was within his rights to exercise it, particularly since he had not yet submitted a defense to the substantive action, and had filed nothing in defense of the merits of the case.
Meanwhile, the Principal Registrar of the Federal High Court, Abuja, Jane Egbo, has issued summons to the parties, to appear before the court to settle the records of the President’s appeal.
Also, a check at the Registry of the Federal High Court, Abuja, confirmed that the plaintiff has filed an application to amend his originating summons, to include prayers for the nullification of the election of Buhari, as he was not qualified ab initio to contest the election, having contravened the Electoral Act and committed perjury, in claiming to have had a WASC, when he never even sat for the examination.
The plaintiff also wants to add prayers for the court to order the Independent National Electoral Commission, INEC, to withdraw the certificate of return issued to Buhari, and issue a fresh one to Goodluck Jonathan, who came second in the 2015 presidential election.
The plaintiff’s motion on notice for amendment of his originating summons, has been served on all the defendants and will come up for hearing on Thursday, June 16, 2016.
