23rd December, 2018
The Presidential candidate of All Grassroots Alliance (AGA), Mr Chuks Nwachuku has dragged the Independent National Electoral Commission (INEC) before a Federal High Court in Abuja, asking that President Muhammadu Buhari be disqualified from seeking re-election in 2019 for failing to produce his authentic certificate.
Nwachuku, who is suing on behalf of himself and other class of Nigerians interested in credible elections in 2019, in the suit which was filed last Friday, said INEC was not legally competent to recognize Buhari as the candidate of All Progressives Congress (APC) for next year’s general elections having failed produce the credentials to which he lays claim.
The plaintiff, who is also a lawyer, said it was rather ironic that Buhari only submitted an affidavit claiming that his certificate was with the Nigerian Army to which he is the Grand Commander, while the same institution had publicly debunked such claim of being in possession of the academic credentials of the President.
The matter is yet to be assigned to a judge, while a date is yet to be fixed for hearing.
The Suit
IN THE FEDERAL HIGH COURT
HOLDEN AT ABUJA
SUIT NO
BETWEEN
CHUKS NWACHUKU PLAINTIFF
(For himself and as representing the class of Nigerians interested
In credible elections in 2019)
AND
INDEPENDENT NATIONAL ELECTORAL COMMISSION DEFENDANT
ORIGINATING SUMMONS
Let INDEPENDENT NATIONAL ELECTORAL COMMISSION
Of Plot 436, Zambezi Crescent, Maitama District, Abuja, Nigeria within thirty days after service of this summons on him, inclusive of the day of such service, cause an appearance to be entered for him to this summons which is issued upon the Application of CHUKS NWACHUKU of Merit House, 22, Aguiyi Ironsi Way, Maitama, Abuja for the determination of the following questions:
Questions for determination
An interpretation of section 131(d) and 137(1)(j) of the Constitution and section 31(2), (5) and (6)of the Electoral Act 2010 (as amended) to determine the following questions:
1. Whether the defendant is at all competent to recognize as a candidate of any political party for the office of President any person who fails to submit to the defendant in the prescribed form copies of certificates or credentials in evidence of any qualifications to contest the election to which he lays claim.
2. Whether an affidavit by such person stating that his credentials and certificates are with his former employer or any other third party satisfies the requirement to submit copies of certificates and credentials to the defendant.
3. Whether the defendant is at all competent to recognize as a candidate of any political party for the office of President any person who presents or has presented to the defendant such affidavit as is referred to in question 2 without an accompanying written statement from such employer or other third party that such information is true and correct and forwarding copies of such certificates or credentials to the defendant.
4. Whether the defendant is at all competent to recognize as a candidate of any political party for the office of President any person who presents or has presented to the defendant in the past such affidavit as is referred to in question 2 where the employer referred to in such affidavit has to the knowledge or deemed knowledge of the defendant rejected the content of such affidavit or the claim that the employer is in custody of such certificates or credentials.
5. Whether the defendant is at all competent to recognize as a candidate of any political party for the office of President any person who presents or has presented such affidavit as is referred to in question 2 where the defendant knows or ought reasonably to know that the affidavit is false.
6. Whether the defendant is bound to recognize as false such affidavit as is referred to in question 2 by a person who is presented by a political party as its candidate for the office of President where the same affidavit had been presented repeatedly by the same person in successive elections for the same office and (a) the claimed employer has previously rejected the contents of the affidavit to the knowledge or deemed knowledge of the defendant and/or (b) that person has since the last election and the last presentation of the same affidavit been placed constitutionally as Commander in Chief of the military institution which he claims in the affidavit to be in possession of his claimed certificates or credentials but has remained unable to produce them or cause them to be produced to the defendant.
7. Whether the presentation of such false affidavit by a person presented by a political party as its candidate for the office of President claiming the existence of certificates or credentials constitutes the presentation by that person of forged certificates to the defendant.
8. Whether having regard to the above questions, one Muhammadu Buhari, who has been presented to the defendant by the All Progressives Congress as its candidate for the office of President in the 2019 election and who has for the fifth time claimed in an affidavit in the candidate’s form that he submitted to the defendant that all his credentials in evidence of his qualifications for the office of President are with the Secretary of the Military Board, when the Military has publicly rejected the claim in a well publicized news conference, and he has since 2015 been sworn in as President and Commander in Chief of the Armed Forces and therefore as constitutional head of the military, but has still failed to produce or cause to be produced to the defendant the claimed certificates or credentials, stands disqualified to contest the election.
RELIEFS SOUGHT
A. A DECLARATION THAT :
1. The defendant is not at all competent to recognize as a candidate of any political party for the office of President any person who fails to submit to the defendant in the prescribed form copies of certificates or credentials in evidence of any qualifications to contest the election to which he lays claim.
2. An affidavit by such person stating that his credentials and certificates are with his former employers or any other third party is not a satisfaction of the requirement to submit to the defendant copies of certificates and credentials claimed in the prescribed form.
3. The defendant is not at all competent to recognize as a candidate of any political party for the office of President any person who presents to the defendant an affidavit stating that his certificates or credentials are in the possession of his former employer or other third party except such is accompanied with a written statement from such employer or other third party that such information is true and correct and forwarding the required copies of certificates and credentials.
4. The defendant is not at all competent to recognize as a candidate of any political party for the office of President any person who presents to the defendant an affidavit stating that his certificates or credentials are in the possession of his former employer or other third party where the employer referred to in such affidavit has to the knowledge or deemed knowledge of the defendant rejected the content of such affidavit or the claim that it is in custody of such certificates or credentials.
5. The defendant is not at all competent to recognize as a candidate of any political party for the office of President any person who presents to the defendant an affidavit stating that his certificates or credentials are with his former employer or other third party where the defendant knows or ought reasonably to know that the affidavit is false.
6. The defendant is bound to recognize as false such affidavit as is referred to above by a person who is presented by a political party as its candidate for the office of President where the same affidavit had been presented repeatedly by the same person in past successive elections for the same office and (a) the claimed employer has previously rejected the contents of the affidavit to the knowledge or deemed knowledge of the defendant and/or (b) that person has since the last election and the last presentation of the same affidavit been placed constitutionally as Commander in Chief of the Military institution which he claims in the affidavit to be in possession of his claimed certificates or credentials but has remained unable to produce them or cause them to be produced to the defendant.
7. A person presented by a political party as its candidate for the office of President who presents or has presented to the defendant an affidavit falsely claiming the existence of certificates or credentials which are not in fact in existence with the intention that the defendant accepts or believes that such certificates or credentials are in fact in existence has by such means presented a false information to the defendant.
8. A person presented by a political party as its candidate for the office of President who presents or has presented to the defendant an affidavit falsely claiming the existence of certificates or credentials which are not in fact in existence with the intention that the defendant accepts or believes that such certificates or credentials are in fact in existence has by such means presented a false, and hence, forged certificate to the defendant.