Also included in the suit filed by the Counsel to Donald Daunemigha, Barr. Douye Fiderikumo, is the Independent National Electoral Commission (INEC) as 2nd defendant.
The suit, numbered FHC/ABJ/CS/116/15, is asking the court to issue an order declaring that the APC Presidential candidate is not qualified to contest the election to the office of the President of the Federal Republic of Nigeria slated for March 28th or such other time as the 2nd defendant may determine having presented a forged certificate to INEC.
In the Copy of the originating summon, made available to newsmen in Yenagoa by the Counsel, Douye Fiderikumo, the plaintiff is also seeking an order disqualifying General Buhari from contesting the election to the office of President, Federal Republic of Nigeria, slated to hold on the 28th of March, 2015 or such other time as the INEC may determine having presented a forged certificate to INEC.
“Also an order of perpetual injunction restraining the INEC by itself or by its servants, agents, privies however described 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 according to the summon, is seeking the 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 Defendat, 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 .”
Disqualify Buhari from participating in the election for failing to accompany his form submitted to INEC with all relevant academic credentials.
He 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.
Ozoaka, in a supporting affidavit to the originating summons, stated that the INEC Form submitted by Buhari did not meet the requirements under sections 31(1)(2) & (3), and 31(8) of the Electoral Act 2010 (as amended).