A group, Advocacy for Societal Rights
Advancement and Development Initiative,has
filed a suit before the Federal High Court in
Abuja seeking to stop the Chief Justice of
Nigeria, Justice Mahmud Mohammed, from
swearing the President-elect, Muhammadu
Buhari in.
The suit is also seeking an order to nullify the
certificate of return issued to Buhari by the
Independent National Electoral Commission.
They filed the suit on the allegation that
Buhari did not qualify to contest the
presidential election because he gave false
information about his academic qualification
to INEC.
The Group's lawyer, Mr. Philip Ekpo, alleged
that Buhari did not meet the qualification in
the 1999 Constitution and the Electoral Act to
stand for the March 28, 2015 presidential
election.
Buhari, INEC, the CJN are the 1st to the 3rd
respondents in the suit respectively.
The group wants an order of interim injunction
restraining the CJN “or any person acting in
his capacity” from swearing in Buhari as
President of the Federal Republic of Nigeria on
May 29, 2015 or any other date thereof pending
the determination of the motion on notice.
The suits declares states that the plaintiff seeks
among other orders,
“A declaration that the 3rd defendant be
stopped 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 or any future
dates whatsoever for giving false
information to the 2nd respondent on
oath.
“An order annulling the Certificate of
Return given to the 1st defendant by the
2nd defendant.”
“The 1st respondent (Buhari) gave false
information in the affidavit he
presented to the 2nd respondent (INEC)
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
West African School Leaving
Certificate 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.”
The case is still pending as it has not been
assigned to any judge.
Punch.
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