A Federal High Court in Abuja will on Wednesday rule on fresh applications by intended parties to join one of the suits challenging the eligibility of the presidential candidate of the All Progressives Congress, Maj. Gen. Muhammadu Buhari(retd.), to contest Saturday’s presidential election.
The existing defendants in the suit are the Independent National Electoral Commission, Buhari and the APC.
Justice Adeniyi Ademola fixed Wednesday for ruling after hearing the intended parties’ applications on Tuesday.
The suit was filed on January 26, 2015, by a lawyer, Chukwunweike Okafor, asking the court to declare Buhari ineligible to contest in the presidential election slated for Saturday over his (Buhari’s) alleged failure to submit his certificate of academic qualifications along with his Form CF001 to INEC.
Earlier on Tuesday, the judge ruled that he would on Wednesday hear both the main suit and Buhari’s preliminary applications challenging the court’s jurisdiction together.
Those whose applications for joining the suit as defendants were heard on Tuesday were Ebun-Olu Adegboruwa, Chukwuma Ochu, Sunusi Musa, Ahmed Maitarki and the Fiscal and Civil Rights Enlightenment Foundation.
Plaintiff’s counsel, Chief Mike Ozekhome (SAN), had, in his objection to the applications of the intended defendants, described the applicants as interlopers.
Buhari and the APC had also challenged the mode of service of the plaintiff’s originating summons on them.
Chief Wole Olanipekun (SAN), who is representing Buhari and Lateef Fagbemi (SAN), counsel for the APC, had while opposing the plaintiff’s prayer to quickly hear the suit, argued that there there was no law stipulating that pre-election cases must be heard before the conduct of the elections.
There are about 10 suits instituted against Buhari’s eligibility to participate in the presidential election slated for Sarturday.
They argued that failure of Buhari to submit his certificate of academic qualifications to INEC contravened provisions of sections 131 and 318 of the 1999 Constitution and section 31(3) of the Electoral Act, 2010