BUHARI CERTIFICATE CONTROVERSY: COURT ADJOURNS CASE TO 24TH MARCH

The Federal High Court sitting in Abuja have yesterday adjourned the suit FHC/ABJ/CS/01/15 filed by Mr. Chukwunweike Okafor, challenging the eligibility of the All Progressives Congress party’s Presidential candidate, General Muhammadu Buhari (Rtd) based on certificate controversy.
Justice A.F Ademola the Judge presiding over the matter had adjourned for further hearing to Tuesday 24th March 2015, four days prior to the commencement of general elections,
After filing several affidavit and counter affidavit, Solomon Ozhekheme (SAN) counsel, challenging the competence of General Muhammadu Buhari to contest the 2015 general election said the matter before court is a pre election matter that should be determined timely. He said “Our position is that General Muhammadu Buhari should not contest the election; we should avoid a fruitless journey to no destination.”
He said his certificate of qualification ought to have been ascertained by INEC based on the 1999 constitution electoral act concerning qualification. He said based on the issue, if the court finds out he had violated the electoral act, it’s the court that will nullify him.
He argued that in managing time, resources and energy, the court should take all the matter concerning the case, before it at once. He said, “It is better the court takes in one scoop, the originating summon and all preliminary objections and jurisdiction of the court together.”
Counsel to Buhari, Chief Wole Olanipekun had argued that there is no law compelling any court to deliver judgment on any electoral matter before the election but rather that section 87 subsection 11 of electoral act urge not to do anything that will stop the holding of both primary and general election.
He said, “Hurrying of justice is the stepmother of injustice.” He enjoined court to take judicial notice and not let any political party truncate the political process.
The plaintiff counsel had insisted that the court take the originating summon and all other applications together accumulatively with any other process filed including the jurisdiction of the court in order to avoid any delay in the matter.
Counsel to the second defendant All Progressives Congress (APC) Lateef Fagbemi (SAN) however said he is in line to the submission by Chief Olanipekun. He said he had not filed his defence on the case. “As in this case, our defence had not been filed”, he said. He also refused that the originating summon and preliminary objection, substantive matter be taken together.
Source: People’s Daily