By Bartholomew Madukwe

LAGOS—A Federal High Court in Abuja has ordered alternative service of the disqualification claim on General Muhammadu Buhari and the All Progressives Congress, APC, by publication in a national newspaper.

Presiding over the disqualification case filed by Mr. Chike Okafor against General Buhari not to contest the 2015 presidential elections, Justice Niyi Ademola ordered alternative service after being informed that the defendants were evading service.

In Suit No: FHC/ABJ/CS/01/2015, the claimant had approached the court based on Section 131 of the Constitution which prescribes a minimum qualification for nomination to participate in presidential elections and Section 31 of the Electoral Act that stipulates all Presidential Candidates to depose an Affidavit in proof of compliance with constitutional requirement to be President of Nigeria.

After the claimant applied for leave to serve the defendants by alternative means, the case was adjourned to February 9, when it is expected that counsel for General Buhari and APC will make their first appearance.

The claimant claimed that General Buhari failed to prove that he had the minimum educational qualification to run for President.

He (claimant) further claimed that General Buhari’s affidavit that he possessed the West African School Leaving Certificate, WASC, was false, as he did not only fail to attach it to his Nomination Form, as compulsorily required, but also that his claim that the certificates were in custody of the military, had been denied by the Director of Army Public Relations, Brigadier General Olajide Laleye.

Okafor requested the court to disqualify General Buhari from contesting the general elections.

“This is provided by Section 31(5) of the Electoral Act that allows a person that has reasonable grounds to believe that false information has been given by a candidate in his Affidavit or document submitted to INEC, in support of his Nomination Form, to approach the Court for the candidate to be disqualified,” he stated.