Certificate: Court strikes out cases against Buhari

Justice Adeniyi Ademola struck out the cases following a notice of discontinuance by Mike Ozekhome (SAN) and Godwin Obla (SAN) who represented the applicants.In the first case, Barrister Chukwunweike Okafor had on January 26 filed an application for a declaration that Buhari lacked the educational qualification to stand for the presidential election, having failed to […]

Justice Adeniyi Ademola struck out the cases following a notice of discontinuance by Mike Ozekhome (SAN) and Godwin Obla (SAN) who represented the applicants.
In the first case, Barrister Chukwunweike Okafor had on January 26 filed an application for a declaration that Buhari lacked the educational qualification to stand for the presidential election, having failed to attach his West African Examination Council (WAEC) Certificate mentioned in INEC form CF 001.
Also in his suit, Max Ozoaka, a lawyer contended that Buhari’s affidavit attached to the INEC form CF 001 and his voter’s card obtained on January 22, 2011 contain “false information about his identity and occupation contrary to the provisions of Sections 31 (1) (2) and (3) of the Electoral Act.”
At the resumed hearing however, Ozekhome told the court that he persuaded his client, Okafor to discontinue the matter in the interest of the country’s democracy and to avoid distracting the president-elect.
“The sitting president did a heroic act by conceding defeat to his opponent and asked his supporters to do same,” he said.
Also Chike Amobi from the chambers of Obla, adduced the same reasons for discontinuing the suit.
Defence counsels who appeared for Buhari, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC): Akin Olujimi (SAN), Lateef Fagbemi and Hassan Liman (SAN) did not oppose the application.
Consequently, the judge struck it out and awarded no costs.
It will be recalled that about 24 cases were filed against Buhari in different courts across the country with 12 of them filed in the Federal Capital Territory.
However, much of the cases except three, which were subsequently transferred to Justice Ademola of the Abuja Federal High Court, have not gone beyond the stage of mention as the parties have failed to turn up for the matters.
Citing lack of diligent prosecution, the judge on March 24 struck out two cases: FHC/ABJ/CS/20/2015 and FHC/ABJ/CS/03/2015 filed by Friday Ojealaro, an Edo-based coordinator of Jonathan Shall Lead Again (JOSLA) challenging Buhari’s candidature.
The judge consequently adjourned the main suit till after the election being April 22 after refusing applications for joinder by Lagos-based human rights activist and pro-democracy crusader Ebun-Olu Adegboruwa, a Rivers APC chieftain and lawyer, Chukwuma Ochu; APC delegates Ahmed Mailantarki and Sunusi Musa and the Fiscal and Civil Rights Enlightenment Foundation.
With the latest withdrawal and striking out of two cases, only one mentioned case: FHC/ABJ/CS/68/15 filed by Bayelsa-based consultant, Ayakeme Whiskey, is pending before the court. No date has been indicated for its hearing.