Buhari refuses to accept court papers in his WAEC saga suit

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(Nigeria) President Muhammadu Buhari has refused to be served court papers in the perjury suit pending against him before a Federal High Court sitting in Abuja.
A civil society group, the Incorporated Trustees of Advocacy for Societal Rights Advancement and Development Initiative‎, ASRADI, had dragged Buharu to court,  accusing of lying on oath with regards to his educational qualifications, particularly his West African School Leaving Certificate, WASC.
The group which filed the suit before  May 29, insisted that Buhari was not legally fit to take over as the President of Nigeria.
It had argued that Buhari did not meet the qualification enshrined in the 1999 Constitution and the Electoral Act, and ought not have contested the April 11, 2015, presidential election.
Other respondents in the suit are the Independent National Electoral Commission, INEC and the Chief Justice of Nigeria.
It will be recalled that trial judge, Justice Ahmed Mohammed had earlier declined to restrain the CJN, Justice Mahmud Mohammed, from administering oath on Buhari.
At the last adjourned date, ‎counsel to the group, ‎Mr Philips Ekpo, informed the court that Buhari had frustrated every effort to serve him with a copy of the suit.
He said ‎that service on Buhari was rejected at Aso Villa gate where he said security men were ordered to turn his clients back.
Ekpo told the court that Prince Lateef Fagbemi, SAN, who earlier filed a memorandum of appearance during hearing on the ex-parte application that sought to stop the inauguration, not only rejected service at his chamber, but also failed to appear when the case came up last week.
Also, the CJN who he said was duly served with the court process was not also represented.
The plaintiff had in an affidavit of urgency it filed earlier, urged the high court to as a matter of national interest, halt the inauguration of Buhari as the President ‎of Nigeria pending the determination of the perjury allegation against him.
But Justice Mohammed held in his ruling that the subject matter of the suit was not such that could stop ‎the swearing-in of the then President-elect.
The plaintiff in the suit is contending that, "‎The 1st Respondent gave false information in the Affidavit he presented to the 2nd Respondent and on the strength of which he contested and purportedly won the presidential election which was conducted by the 2nd Respondent on  March 28, 2015.
"The 1st Respondent deposed to an Affidavit dated ‎November 24, 2014 that his West African School Leaving Certificate is in the custody of the Secretary to the Military Board.
"The Nigerian Army on ‎January 20, 2015, said that in the personal file of the 1st Respondent with the Nigerian Army, they do not have the original copy of his WASC, nor does the Nigerian Army have the Certified True Copy of his WASC results neither do they have a photocopy of the said result.
"The 1st Respondent has not met the qualifications enshrined in the 1999 Constitution of the Federal Republic of Nigeria and the Electoral Act, Cap E6, Laws of the Federation of Nigeria, 2010 (as amended) to have contested the position of President of Nigeria at the 2015 general elections.
" That the authority conferred by Section 140 of the 1999 Constitution (as amended) on the 3rd Respondent to administer oath of office to any person who will occupy the office of the President of Nigeria cannot be exercised in respect of the 1st Respondent who has not fulfilled the requirements of the same Constitution and the Electoral Act as it relates to his eligibility to occupy the office of President of Nigeria", it averred before the court.
They therefore, prayed the court ‎to declare that the information contained in the Buhari's FORM C.F.001 stating that his educational qualification is the WASC and that same is with the Secretary to the Military Board amounts to False Information.
As well as to hold that the information contained in the Buhari's Affidavit deposed to on 24th November, 2014 stating that his WASC is with the Secretary to the Military Board amounts to False Information.
More so, it among other things, sought for, ‎"A declaration that the 3rd defendant is estopped from swearing in the 1st defendant as President of the Federal Republic of Nigeria, as the issue of perjury involving the 1st defendant has not been resolved.
"An order restraining the 3rd defendant or any person appointed for such purpose from swearing in the 1st defendant as President of the Federal Republic of Nigeria on  May 29, 2015 orany future dates whatsoever for giving false Information to the 2nd respondent on oath.
"An order annulling the Certificate of Return given Buhari by INEC."
Justice Mohammed ‎has further adjourned the matter till October to October 13.

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