Lawyer asks court to disqualify Buhari over certificate
ALAGOS-BASED lawyer, Itesede Kingsley Okhai, has asked the Federal High Court, Lagos, to declare President Muhammadu Buhari ineligible to participate in next year’s election for failing to produce and present his certificate and educational qualification to the Independent National Electoral Commission (INEC).
The lawyer, in a suit filed on October 29, 2018 delineated FHC/L/CS/1765/18, also joined INEC as second respondent.
In his motion on notice, the lawyer is seeking an order of court disqualifying President Buhari from contesting or participating in the 2019 presidential election on the ground that the President has not satisfied the provisions of the Electoral Act (as amended) and INEC Form 001.
The plaintiff, who is also seeking an order of the court restraining INEC from permitting Buhari to participate in the 2019 presidential election, said the sworn affidavit without attaching the certificate/educational qualification is null and void and that it cannot substitute or take the place of the evidence of the President’s educational qualification as such requirement is a condition precedent in INEC Form CF001.
He, therefore, urged the court to declare that by the combined provisions of Sections 31 (1), 2 and 5 of the Electoral Act. Cap 15, Laws of the Federation of Nigeria, 2010, and INEC Form CF001, President Buhari is mandated by law to strictly comply with the provisions laid down under the Electoral Act (as amended) and the INEC Form CF 001 as related to attaching evidence of educational qualification.
He said that President Buhari had lied on oath where he claimed that his educational certificates are with the Nigerian Military Board.
However, no date has been fixed for hearing of the case.