A kinsman of President Goodluck Jonathan from Bayelsa State, Hon. Donald Daunemigha, has joined the festival of litigation to try to disqualify Maj.-Gen. Muhammadu Buhari (Rtd) of the All Progressives Congress (APC) from contesting next month’s presidential election.
Daunemigha, in suit FHC/ABJ/CS/116/15 at the Federal High Court in Abuja, also takes to task the Independent National Electoral Commission (INEC) as 2nd defendant.
Filed by Douye Fiderikumo on his behalf, Daunemigha asks the court to issue an order declaring that General Buhari is not qualified to contest the election to the office of the President of the Federal Republic of Nigeria having presented a “forged” certificate to the INEC.
In the originating summons, copies of which were made available to newsmen in Yenagoa by Mr. Fiderikumo, the plaintiff seeks a perpetual injunction restraining the electoral commission by itself or by its servants, agents, privies “from recognizing or treating or accepting the APC flag bearer, Mohammud Buhari, as a candidate for the election to the office of President, Federal Republic of Nigeria slated to hold on the 28th day of March, 2015 or such other time as the 2nd defendant may determine having presented a forged certificate to the INEC.”
The suit seeks determination of the following: “Whether in view of the fact that Nigerian Army is not in possession of the West African School Certificate (WASC) 1961 of the 1st Defendant, the affidavit presented by the First defendant to the INEC does not amount to presentation of forged certificate within Section 137(1)(j) of the constitution of the Federal Republic of Nigeria.”
Daunemigha contended that the INEC FORM CF 001 submitted to INEC by the APC candidate was incomplete and therefore urged the court to declare the form as “incompetent some being inchoate and not in conformity with the form prescribed under the Electoral Act.”
He further stated that alleged failure of Buhari to accompany the INEC Form with evidence of his educational qualifications and evidence of his birth certificate or affidavit of declaration of age had altogether rendered the form inchoate.
In the originating summons, copies of which were made available to newsmen in Yenagoa by Mr. Fiderikumo, the plaintiff seeks a perpetual injunction restraining the electoral commission by itself or by its servants, agents, privies “from recognizing or treating or accepting the APC flag bearer, Mohammud Buhari, as a candidate for the election to the office of President, Federal Republic of Nigeria slated to hold on the 28th day of March, 2015 or such other time as the 2nd defendant may determine having presented a forged certificate to the INEC.”
The suit seeks determination of the following: “Whether in view of the fact that Nigerian Army is not in possession of the West African School Certificate (WASC) 1961 of the 1st Defendant, the affidavit presented by the First defendant to the INEC does not amount to presentation of forged certificate within Section 137(1)(j) of the constitution of the Federal Republic of Nigeria.”
Daunemigha contended that the INEC FORM CF 001 submitted to INEC by the APC candidate was incomplete and therefore urged the court to declare the form as “incompetent some being inchoate and not in conformity with the form prescribed under the Electoral Act.”
He further stated that alleged failure of Buhari to accompany the INEC Form with evidence of his educational qualifications and evidence of his birth certificate or affidavit of declaration of age had altogether rendered the form inchoate.
