An Abuja-based legal practitioner, Nnamdi Nwokocha-Ahaaiwe, has filed an
application at the Federal High Court, Abuja, seeking to ammend his
originating summons to include prayers for the nullification of the
election of President Buhari whom he contended 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.
But President Mohammadu Buhari has appealed the ruling of Justice Adeniyi
Ademola of the Federal High Court, Abuja, who dismissed on May 26,2016,
his preliminary objection in the suit filed Nwokocha-Ahaaiwe.
Nwokocha-Ahaaiwe had alleged that President Buhari was not qualified to
aspire and occupy the office of the President of the Federal Republic of
Nigeria because he did not sit for the Cambridge West Africa School
Certificate in 1961 which he claimed.
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 Dr.
Goodluck Jonathan, who came second in the 2015 presidential election.
At the commencement of the suit on May 26, President Buhari, in his
preliminary objection, challenged the mode of service of the originating
summons on him stating that he ought to have been served at a Kaduna
address instead of by substituted means at the National Secretariat of the
All Progressives Change (APC) in Abuja.
But Justice Ademola, in his ruling, held that it was incompetent and
upheld the service of the originating court process on Buhari.
The judge held that the service of the court’s processes on the president
through the secretariat of the APC was proper saying 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.
President Buhari, who was dissatisfied with the ruling, filed a notice of
appeal at the Court of Appeal, Abuja Judicial Division on seven grounds of
appeal.
The president’s legal team is led by Chief Wole Olanipekun (SAN), 12 SANs
and 10 other counsels.
The principal Registrar of the Federal High Court, Abuja, Mrs Jane Egbo,
has, consequently, issued a summons to the parties to appear before her on
Monday, June 13, 2016, to settle the records as they concern the
president’s appeal.