A group known as 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 swearing-in the President-elect,
Muhammadu Buhari come May 29.
The group through its lawyer,
Mr. Philip Ekpo, issued a suit, insisting that the President-elect, Buhari is not legally fit to
take over as the President of Nigeria as he 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.
Punch reports that the group
cited as respondents in the suit issued: Buhari, the Independent National
Electoral Commission and the Chief Justice of Nigeria
“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
“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.
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