An Abuja Chief Magistrate’s Court, yesterday, was asked to okay the prosecution of General Buhari over allegations that he gave false evidence to a public officer.
The plaintiffs in the case are four activists- Shield Jones Ufot, Jimmy David, Ogueri Enwerem and Tochukwu Okorie.
In the suit brought pursuant to sections 143 (d) and 152 of the Criminal Procedure Code, they alleged that Buhari relied on a bogus certificate to depose to an affidavit before a competent court, contrary to Section 158 of the Penal Code Law.
In the suit they filed through their lawyer, Mr. Ugochukwu Ezekiel, the complainants averred:
That pursuant to Section 30 of the Electoral Act, 2010, the INEC issued a Notice setting a date for the 2015 general elections and called for submission of names of candidates for the office of President of the Federal Republic of Nigeria by the various political parties.
That the APC and General Muhammadu Buhari (Ret) on the 18th day of December, 2014, filled and submitted INEC form C.F 001 to the Independent National Electoral Commission (a public office) wherein the said General Muhammadu Buhari (Ret) gave his qualification to contest for the office of the President of the Federal Republic of Nigeria as West African School Certificate (WASC), which he claimed to have obtained in 1961.
The said form CF 001 and INEC publication of names of Presidential candidates and qualifications as published in Vanguard Newspaper of Thursday, January 15, 2015 are attached as Exhibit 1.
That General Muhammadu Buhari with intent to mislead a public officer as to compliance with the provisions of Section 31 of the Electoral Act, 2010, deposed to various affidavits in the High Court of the Federal Capital Territory, Abuja wherein he stated that he attended Katsina Provincial Secondary School, Katsina State and obtained a West African School Certificate and the certificates he claimed to have obtained are with the Nigerian Army.
The two affidavits deposed to by General Muhammadu Buhari on the 17th of December, 2014 and 24th of November, 2014 are hereby attached as Exhibits 2 and 3.
That the Nigerian Army in whose custody General Muhammadu Buhari and the All Progressive Congress (APC) claim the certificates are, issued a statement published in the Thisday Newspaper of Wednesday January 21, 2015 on pages 1 and 6 and Daily Trust Newspaper of Thursday, January 22, 2015, and denied being in possession of the school certificates.
The publications are attached as Exhibits 4 and 5. That General Muhammadu Buhari never sat for the West African Examination Council examination in 1961 as he claimed.
That in the entire records of the school and West African Examination Council, there appeared no name of the said Muhammadu Buhari.
That the only name close to that of Mr. Buhari in the school list of 1961 as published by the Principal of Government College (Pilot), Katsina, Katsina State is Mohamed Buhari. The said publication is attached.
That the actions of the accused constitute offences of giving false evidence to a public officer contrary to Section 157 of the Penal Code Law and punishable under Section 158 of the Penal Code Law.
That the Complainants are now compelled to bring a Direct Criminal Complaint against the accused person. That the society is crying for justice and only an intervention by the Court can answer the cry.
That it will be in the best interest of justice to bring the accused person to answer to this Complaint and “That this Court has the power to direct that the accused person be brought to answer to the Complaint. That this Complaint is made in good faith.
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