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.
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 3rd Defendant 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.
No comments:
Post a Comment