An Abuja Federal High Court on Wednesday dismissed applications filed by two parties that sought to be joined in a suit seeking to disqualify the presidential candidate of the All Progressives Congress, General Muhammadu Buhari, from contesting Saturday’s election.
Justice Adeniyi Ademola, while delivering ruling on the two joinder applications, held that the two applicants were mere meddlesome interlopers who should not necessarily be parties in the suit.
Ademola said: “It is the court’s opinion that the applicants are nothing more than meddlesome interlopers and busy-bodies who have no interest to protect in the suit.
“Their applications are hereby refused in its entirety.”
The court also fixed April 22 and 23 for hearing of the substantive suit, which will be taken together with all the other applications and processes already filed before the court.
The interested parties, Olu-Ebun Adegboruwa and Chukwu Oshu, had sought to be joined as fourth and fifth defendants to challenge Buhari’s eligibility to contest, allegedly without a Secondary School Certificate qualification.
Adegboruwa, a lawyer and pro-democracy activist, had hinged his application on the ground that whatever may be the findings and decision of the court would impact him, his family and the legal practice in the country.
Ochu, on his part, argued that as an APC chieftain from Rivers State, his sole aim of voting for Buhari in the poll would be affected if the APC candidate was disqualified.
It would be recalled that since Buhari’s emergence as APC candidate, so many cases have been filed challenging his eligibility to contest for the presidency on account of a West African School Certificate, which they alleged that he does not possess.
Mike Ozekhome, who is the plaintiffs’ lead counsel, and Lateef Fagbemi (SAN), the defendants’ lead counsel, had in their various submissions before the court canvased their respective clients’ cases.
Chukwunweike Okafor, one of the plaintiffs in the seven suits, now consolidated, is seeking an order compelling the Independent National Electoral Commission to disqualify Buhari from contesting the March 28 poll.
Okafor is urging the court to hold that Buhari’s claim in his Form CF001 that his West African School Certificate was with the Nigerian Army, is false, thereby disqualifying him from contesting the election.
He therefore prayed the court to give an order compelling INEC to remove Buhari’s name and that of the APC from the list of persons and political parties eligible to contest for the office of president of Nigeria.
Okafor had joined Buhari, the APC and INEC as the three defendants in the suit.
Fagbemi who led Buhari’s team of lawyers, comprising six Senior Advocates of Nigeria, had submitted in their preliminary objection that all the suits were targeted at stopping Buhari from participating in the polls.
He also argued that no court has the power to stop INEC from conducting the March 28 presidential election and urged the court to discountenance the plaintiffs’ suit.
Fagbemi further argued that Section 87 (11) of the Electoral Act cautions courts not to do anything or take action or issue any injunction that will stop the holding of primary or general elections.
According to him, the issue of legality of the service of the court process on Buhari, which he argued, was not properly done, should be determined first before hearing the substantive suit.
However, Ozekhome, in his submission, had urged the court to expedite hearing on the suit to enable it determine the fate of the APC candidate before the March 28 poll.
Opposing Ozekhome’s submission, Fagbemi argued that the suits were pre-election matters that could be heard and determined even after the election.
Hassan Liman, INEC’s counsel, in his submission, also objected to the consolidation of the originating summons and the preliminary objections for hearing.