Group asks court to stop Buhari’s inauguration

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cases were withdrawn.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.
“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.