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| President-elect, Muhamadu Buhari |
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,
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.
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 But after he won, the cases were withdrawn.
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, 2015
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,
2015 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 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 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, 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.
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