Advocacy For Societal Rights Advancement and Development Initiative Plans To Terminate Buharis's Inauguration

A group, Advocacy for Societal Rights Advancement and Development Initiative, has started a fresh case 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 cancelling the certificate of return issued to Buhari by the Independent National Electoral Commission. The plaintiff revolved the case around 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. From January to February 2015 there were about 10 cases established by various plaintiffs Objecting Buhari’s qualification to stand for the poll on the grounds of his academic controversy. But after he won, the cases were withdrawn.

In the new suit filed by its lawyer, Mr. Philip Ekpo, the group alleged that Buhari did not meet the qualification preserved 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 asking an order of acting 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 grounds scrutinized 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 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.

According to the group, Buhari 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.

However, the group said Buhari has not fulfilled the requirements of the same constitution and the Electoral Act as it reveals to his eligibility to occupy the office of President of Nigeria.
The case has not been assigned to any judge.

Source: cknnigeria.com