ABUJA – A Civil Society Organisation, the Incorporated
Trustees of Advocacy for Societal Rights Advancement and
Development Initiative, has asked the Federal Court in Abuja
to stop the Chief Justice of Nigeria, CJN, Justice Mahmud
Mohammed, from administering oath on the President-elect,
Muhammadu Buhari on May 29.
The group, in an originating summons that was filed by its
lawyer, Mr. Philip Ekpo, insisted that Buhari is not legally fit
to take over as the President of Nigeria.
The plaintiff argued that Buhari did not meet the
qualification enshrined in the 1999 Constitution and the
Electoral Act, and ought not have contested the April 11,
2015, presidential election.
Cited as respondents in the suit were Buhari, the
Independent National Electoral Commission and the Chief
Justice of Nigeria.
The group specifically applied for an order of interim
injunction restraining the 3rdRespondent or any person
acting in his capacity, from swearing in the 1stRespondent
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.
According to the plaintiff, “The 1st Respondent gave false
information in the Affidavit he presented to the 2nd
Respondent 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 (WASC) 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 havecontested
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”, it averred before the court.
This therefore prayed the court to declare that the
information contained in the Buhari’s FORM C.F.001 stating
that his educational qualification is the West African School
Leaving Certificate (WASC) and that same is with the
Secretary to the Military Board amounts to False
Information.
As well as to hold that the information contained in the
Buhari’s Affidavit deposed to on 24th November, 2014
stating that his West African School Leaving Certificate
(WASC) is with the Secretary to the Military Board amounts
to False Information.
More so, it is among other things, seeking ”A declaration
that the 3rdDefendant is estopped fromswearing 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 3rdDefendant or any person
appointed for such purpose from swearing in the 1st
Defendant as President of the Federal Republic of Nigeria on
29th May, 2015 orany future dateswhatsoever forgiving
False Information to the 2nd Respondent on oath.
“An order annulling the Certificate of Return given to the
1stDefendant by the 2ndDefendant.”
Meantime, the case is yet to be assigned to any judge for
hearing.
[hupso]
