A lawyer, Itsede Kingsley Okhai, is seeking an order of a Federal High Court sitting in Lagos disqualifying President Muhammadu Buhari from contesting or participating in the presidential election fixed for 2019 on the grounds that the President has not satisfied the provisions of the Electoral Act and INEC form CF 001.
In a summon seen by National Daily in which both President Buhari and the Independent National Electoral Commission (INEC) are both defendants, Okhai wants the court to declare that by the provisions of sections of section 31(1) (2) and (5) of the Electoral Act, Cap 15, Laws of the Federation of Nigeria, 2010 and INEC form CF, 001, President Buhari is mandatory obliged by law to comply strictly with the provisions laid down under the electoral law.
He therefore asked the court to declare that the CV attached by President Buhari in his INEC form CF 001 and submitted to the INEC as a presidential candidate in 2019 general election is not in compliance with the firm prescribed by the electoral act and INEC form CF 001 and is manifestly in contravention of the said Act/INEC form CF 001 and therefore null and void.
Okhai also asked the court to declare that President Buhari is not eligible to participate in the 2019 presidential election for failure to comply with the terms for submission of list of candidate and affidavit of personal particulars of person seeking the election to the office of the President.
In the summon, he wants to the court to declare that the sworn affidavit by the President Buhari stating that his original certificates are with the Secretary Military cannot replace or satisfy the provision under INEC form 001 requiring him to attach the evidence of his educational qualification as such requirement is a condition precedent to his eligibility to contest the 2019 presidential election.
Buhari had failed to submit his academic certificates to the Independent National Electoral Commission (INEC), claiming it is still with the military.
The president’s claim had triggered a controversy on the matter, with some Nigerians insisting he must present his credentials.
Femi Adesina, presidential spokesman, said the military had admitted losing President Muhammadu Buhari’s certificate.