Court strikes out suit challenging Buhari’s certificate
Justice Adeniyi Ademola struck out the suit following a notice of discontinuance filed by the plaintiff, Mr Nnamdi Nwokocha-Ahaiwe.
Ademola had reserved ruling for Thursday on an application asking the court to stay execution of a judgment it earlier granted against the defendants.
When the matter was mentioned, Mr Chikordi Okeorji, counsel to Nwokocha-Ahaiwe, informed the court that the plaintiff had filed a notice of discontinuance.
Okeorji said the notice was pursuant to order 50 rule 2 (1) of the Federal High Court Rules, adding that the notice of discontinuance was filed on June 27.
Defendant’s counsel Paul Ajiboye did not oppose the application, but complained that he was not served.
Ademola then struck out the suit.
Nwokocha-Ahaiwe, an Abuja-based lawyer, had filed an application asking the court to nullify the election of Buhari as president.
He said that Buhari did not possess the minimum academic requirements needed to contest for the position of president.
The plaintiff also alleged that Buhari did not sat for the Cambridge West African School Certificate (WASC) in 1961 as he had earlier claimed.
But, Buhari raised a preliminary objection that he was not properly served.
In his preliminary objection, the president challenged the mode of service of the originating summons on him.
He insisted that he ought to have been served at an address in Kaduna instead of by substituted means at the national secretariat of the All Progressives Congress (APC) in Abuja.
Ademola had dismissed the preliminary objection on the grounds that it was incompetent and upheld the service of the originating court processes on Buhari.
The judge said that the service of the court’s processes on the president through the secretariat of the APC was proper.
Buhari, who was not satisfied with the court’s ruling, took the matter to the Court of Appeal.
He prayed the appellate court to set aside or discharge the ex parte order granted in favour of Nwokocha-Ahaiwe on Feb. 16, 2015, to serve him with the originating summons by substituted means.
The president also sought the court to make an order setting aside Ahaiwe’s originating summons for being incompetent.
Following the appeal, Ademola had adjourned the matter sine die.
The judge, however, announced on Wednesday that he would deliver judgment on Thursday on the application to stay execution on his earlier ruling.