Group want court to halt Buhari’s inauguration

Firstclass newsline gathered that 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 case 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after he won, the cases were withdrawn.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.
Firstclassnewsline.net