A group, Advocacy for Societal Rights Advancement and
Development Initiative, has instituted a fresh suit before the
Federal High Court in Abuja seeking to stop the Chief Justice of Nigeria (NJC),
Justice Mahmud Mohammed, from swearing the president-elect, Muhammadu Buhari,
on Friday.
The suit filed on
Tuesday is also seeking an order nullifying the certificate of return issued to
Buhari by the Independent National Electoral Commission (INEC).
The plaintiff hinged
the suit on the allegation that Buhari did not qualify to contest the
presidential election on the grounds that he gave false information about his
academic qualification to INEC.
Between January and February 2015 there were about 10 cases
instituted by various plaintiffs challenging Buhari’s eligibility to stand for
the poll on the grounds of his academic qualification controversy.
But after he won, the cases were withdrawn.
But after he won, the cases were withdrawn.
In the fresh suit
filed by its lawyer, Mr. Philip Ekpo, the group alleged that Buhari did not
meet the qualification enshrined in the 1999 Constitution and the Electoral Act
to stand for the March 28, presidential election.
Buhari, INEC, the CJN are the 1st to the 3rd respondents in the
suit respectively.
The plaintiff is seeking 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, or any other date thereof pending the determination of the motion on notice.
The plaintiff is seeking 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, or any other date thereof pending the determination of the motion on notice.
The plaintiff seeks
among other orders, “A declaration that the 3rd defendant is 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 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 grounds canvassed
by the plaintiff read: “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.
“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 in the personal file of the 1st respondent with the
Nigerian Army, it does 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 does it 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 election.
“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 has not been
assigned to any judge.”
Thisday
0 comments:
Post a Comment