Buhari’s Eligibility: Court Fixes Feb 9 For Hearing …Four Ask Court To Stop Polls

A Federal High Court in Abuja yesterday ordered the service of court documents on the presidential candidate of the All Progressives Congress (APC), Gen Muhammadu Buhari, in relation to a suit seeking to, among others, restrain him from participating in the February 14 election, and fixed hearing in the case for February 9
Justice Adeniyi Ademola ordered a substituted service of the court documents on Buhari and INEC yesterday after hearing the plaintiff’s application to that effect.
In the suit filed by Max Ozoaka, the plaintiff raised eight questions for the court’s determination, and prayed for among others, an order disqualifying Buhari from contesting or participating in the election.
The suit has Buhari and the Independent National Electoral Commission (INEC) as defendants.
The plaintiff contends that INEC FORM CF 001 that the APC candidate submitted to the electoral body was incomplete because he allegedly failed to accompany the form with all relevant academic credentials.
He also faulted some information contained in other documents he possessed, including Buhari’s voter’s card.
The plaintiff wants the court to restrain INEC from permitting Buhari to participate “in the presidential election fixed for February 14, 2015 or any other date the 2nd defendant (INEC) may fix.”
He also urged the court to declare “that the said INEC FORM CF 001 submitted by the 1st defendant to the 2nd defendant for the 2015 presidential election” as incompetent, inchoate and not in conformity with the form prescribed under the Electoral Act.
The plaintiff equally urged the court to declare that information contained in INEC voter’s card attached to INEC Form CF 001 submitted to INEC by Buhari “is false on the ground that as at when the voter’s card was issued, the 1st defendant was not a public servant.
Ozoaka, in a supporting affidavit to the originating summons, stated that the INEC Form submitted by Buhari did not meet the requirements under sections 31(1)(2) & (3), and 31(8) of the Electoral Act 2010 (as amended).
He stated that the failure of Buhari to accompany the INEC Form with evidence of his educational qualification and evidence of his birth certificate or affidavit of declaration of age have combined to render the form inchoate.
The plaintiff queried the authenticity of the statement of result or result sheet presented by Buhari on the ground that they bear ‘Mohamed’ Buhari as against ‘Mohammadu.’
Meanwhile, a Federal High Court in Abuja was yesterday asked to stop the February 2015 general elections.
The plaintiffs in the suit, Asogo Torkuma Venatius, Ola Solomon Oluwasanmi, Sunday Attah and Philip Agbese, are seeking the nod of the court to postpone the elections until all eligible voters have collected their Permanent Voters’ Cards (PVC).
In the suit, filed through their counsel, Mr Amobi Nzelu, they are also asking the court to order the use of Temporary Voter’s Card for those who are unable to collect their PVCs.
In the statement of claim, the plaintiffs said that contrary to the announcement by the Independent National Electoral Commission (INEC) in 2014 that they would issue all eligible voters with PVC for the February 2015 elections, about half of eligible voters are yet to collect their PVC.
The Independent National Electoral Commission (INEC) had said last week that 65 per cent of the total number of registered voted have collected their PVCs, but continues to assure Nigerians of its readiness to conduct the polls on the scheduled days.
Last Sunday, INEC announced an extension of the deadline for collection of the PVCs from January 31 to February 8.

Dr Elechi Amadi (right) presenting copies of Rivers State-commissioned free books to the principal of GGSS, Rumuokwuta, D.C Bakel, on Monday. With them is wife of the author of the free literature text book, Dr Priye Iyalla Amadi. Photo: Egberi Sampson