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.
0 comments :
Post a Comment