Justice A. F. A. Ademola of Federal High Court 6, Abuja, has ordered that
all the applications filed in the matter seeking to disqualify General
Muhammadu Buhari who is the Presidential candidate of the All Progressives
Congress (APC) in the general elections, be heard together with the substantive
Originating Summons seeking to disqualify him from contesting the March 28
Presidential election and not separately.
Buhari |
When the case, Suit No. FHC/ABJ/CS/01/2015, filed by Mr. Chukwunweike Okafor,
an Abuja based legal practitioner, came-up for hearing of all the pending
applications on the 19th of March, 2015, Counsel to the Plaintiff, Chief Mike
Ozekhome, SAN, had argued before the court that Order 29 of the Federal High
Court Civil Procedure Rules, 2009, is a mandatory provision of the law which
enjoins the court to hear both the interlocutory applications and the
substantive suit together in one fell swoop. Ozekhome cited several legal
authorities to buttress his position, arguing that time was of the essence in
this pre-election matter, so as to enable the court decide once and for all,
whether or not Buhari was qualified to stand for the March 28, Presidential
election.
Counsel to General Buhari, Chief Wole Olanipekun, SAN, had opposed the said
application wherein he urged the court to discountenance the submissions of
Chief Mike Ozekhome, SAN, since by the order of court made on 23rd February,
2015, only the interlocutory applications were ripe for hearing. Prince Lateef
Fagbemi SAN and Mr. Hassan Liman SAN, counsel to the 2nd and 3rd Defendants
(APC and INEC), respectively, aligned with the submissions of Chief Wole
Olanipekun, SAN, Counsel to Buhari.
The court in its considered ruling today, on 24th March, 2015, held that
since this matter is a pre- election matter and there is need for parties to
know their positions before the said election, it is proper for both
applications and the substantive suit bordering on disqualification to be
taken together. The court cited numerous Supreme court and Court of Appeal
decisions to buttress its point.
The court read out the provisions of Order 29 of the Federal High Court
Civil Procedure Rules, 2009 and said that it agreed with the submissions of
Chief Mike Ozekhome, SAN, that both the interlocutory applications and the
substantive suit must be heard together to save time and cost.
With this ruling, the stage is now set for the hearing of the main case to
determine the issue of Buhari’s academic qualifications, vis a vis the
information he gave in his Nomination form and his affidavit verifying his
forms, to the effect that his WASC qualification was with the Secretary to the
Military Board, an allegation that was debunked by the Nigerian Military which
said it was not in custody of General Buhari’s WASC certificate.
The matter was subsequently adjourned to 25th March, 2015, for ruling, on
the application by two legal practitioners, who sought to be joined in the
suit, after hearing arguments from their counsel, and Ozekhome, SAN, Fagbemi,
SAN, and Liman, SAN.
Courtesy: 247Ureports
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