A Lagos lawyer, Itesede Okhai has asked a Federal High Cloister in Lagos to disqualify Admiral Mohammudu Buhari, from accommodating in the 2019 Accepted Election, over his abortion to present his Certificates and educational accomplishment the Independent National Electoral Commission (INEC).
The advocate in a clothing which was filed on Monday, October 29, and apparent FHC/L/CS/1765/18 is gluttonous an adjustment disqualifying Admiral Buhari from battling or accommodating in the Presidential acclamation anchored for 2019, on the arena that the admiral has not amuse the accoutrement of the Electoral Act (as amended) and INEC Anatomy 001
Okhai is additionally allurement the cloister for an adjustment of abstinent INEC from allowing the Admiral Buhari from accommodating in the 2019 Presidential Election.
He added wants the cloister to acknowledge that the said affirmation affirmation after adhering the certificate/educational accomplishment is absent and void, as it cannot acting or booty the abode of the affirmation of the Admiral Buhari’s educational accomplishment as such affirmation is a action antecedent in INEC Anatomy CF001.
The advocate is additionally ambitious for a acknowledgment that by the accumulated accoutrement of Sections 31(1), 2 and 5 of the Electoral Act. Cap 15, Laws of the alliance of Nigeria, 2010, and INEC Anatomy CF001, Admiral Buhari is allowable by law to carefully accede with the accoutrement laid bottomward beneath the Electoral Act (as amended) and the INEC Anatomy CF 001, as accompanying to adhering affirmation of the Admiral Buhari’s educational accomplishment as appropriate beneath INEC Anatomy CF 001.
Okhai in an affirmation absorbed to the motion on apprehension claimed that INEC has appear and anchored for February 16, 2019 Presidential Acclamation in Nigeria and that in appearance of the actuality the anchored presidential election, political parties registered with INEC and those acceptable to participate in the accepted acclamation accept submitted to INEC the account of candidates and affirmation in the assigned anatomy as assured in 2010 Electoral Act (as amended).
This attestant additionally declared that the agreeable of the affirmation deposed to by Admiral Buhari was quoted as follows: “I am the aloft called being and attestant of this affirmation herein. All my bookish accomplishment abstracts as abounding in my presidential form, APC/001/2015, are currently the Secretary of the Military Board as the the of this affidavit”. Adding that all efforts to defended the INEC anatomy CF 001 to which the said affirmation was absorbed for the purpose of this clothing were abortive.
The advocate additionally averred that he knows that there is altitude inherent and antecedent assigned in the INEC Anatomy C.F. 001, which attestant is appropriate to amuse to accomplish the anatomy complete. And that INEC anatomy C.F. 001 herein is not in acquiescence with the assigned anatomy beneath the 2010 Electoral Act.
He additionally averred that the INEC Anatomy C.F. 001submitted by Admiral Buhari to INEC was not accompanied by affirmation of his educational qualification. And that the INEC Anatomy C.F. 001 referred to and filed by Admiral Buhari, wherein he declared beneath adjuration that he is the being gluttonous acclamation into the appointment of the Admiral in Nigeria constituency and he supplied claimed particulars there under.
He additionally declared that he apperceive as a actuality that Admiral Buhari declared on adjuration that his certificates evidencing his educational accomplishment are in the control of the Nigeria Army. And additionally fabricated the aforementioned affirmation in 2014. Adding that for a actuality that pursuant to the said affirmation fabricated by the Admiral Buhari, the Nigerian Army through its spokesman, Brigadier Accepted Olaleye Olajide, at a columnist appointment captivated on January 20, 2015, declared that Nigerian Army is not in control of Buhari’s certificates evidencing his educational qualification.
He averred that he is analytic believed that Admiral Buhari has aria on adjuration area he claimed that his educational certificates are with the Nigerian Military Board.
No date has been anchored for the audition of the suit, as it is yet to be assigned to any judge.
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