Group asks court to stop Buhari’s inauguration (See Why)

A group, Advocacy for Societal Rights Advancement
and Development Initiative,has filed a 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 in.
The suit is also seeking an order to nullify the
certificate of return issued to Buhari by the
Independent National Electoral Commission.
They filed the suit on the allegation that Buhari did
not qualify to contest the presidential election because
he gave false information about his academic
qualification to INEC.
The Group’s lawyer, Mr. Philip Ekpo, alleged that
Buhari did not meet the qualification 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 group wants 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 suits declares states that 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 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 is still pending as it has not been assigned to
any judge.
Punch.