CJ assigns suit on Buhari’s health to judge

A suit seeking an order of the Federal High Court in Abuja
compelling the Senate President, Dr. Bukola Saraki, to appoint a
medical panel to determine the health status of ailing President
Muhammadu Buhari, has been assigned to Justice Abdukadir
Abdu-Kafarati.

The suit, marked FHC/ABJ/CS/508/2017, was filed by a United
States of America-based Nigerian, Mr. Toyin Dawodu, on June 28.

The respondents to the suit are Saraki, the Executive Council of
the Federal Republic of Nigeria, and the Attorney General of the
Federation, Mr. Abubakar Malami (SAN).

Responding to our reporter’s inquiry on the status of the case
on Tuesday, the plaintiff’s lawyer, Mr. Frank Tietie, confirmed
that the outgoing Chief Judge of the Federal High Court, Justice
Ibrahim Auta, had assigned the case to Justice Abdu-Kafarati.

He told our correspondent in a telephone interview that the case
would likely be heard after the annual judges’ vacation which
commenced earlier this month.

Judges of various courts, including the Federal High Court, are
to resume from this year’s vacation in September.

Speaking with our correspondent, Tietie, said, “I have just been
informed that the case has been assigned to Court 2 of the Federal
High Court in Abuja, that is Justice Abdu-Kafarati’s case.

“Although, we have not been given any hearing date, the suit
will likely be fixed for hearing after the judges’ vacation.”

Justice Abdu-Kafarati, who is to handle the case, is likely to
be the next Chief Judge of the Federal High Court as Justice Auta
retires on attaining the mandatory retirement age of 65 on
September 19, 2017.

Judges of the court had earlier on July 10, 2017, proceeded on
their annual vacation with only few of them assigned as vacation
judges to hear very urgent cases during the recess.

Buhari had left the country for the United Kingdom since May 7,
2017 for a medical vacation.

There has been no official confirmation on the nature and extent
of the President’s ailment.

But the plaintiff, Dawodu, in his suit, urged the court to
declare that Saraki was empowered by the constitution to set up the
medical panel to determine Buhari’s health status “without first
being a resolution of the Executive Council of the Federation.”

Section 144 of the Nigerian Constitution provides that such
medical panel should be appointed by the Senate President following
a resolution passed by two-thirds majority of the members of
Executive Council of the Federation.

But the plaintiff, through his counsel, Tietie, contended in the
suit that “in the absence of a resolution by the Executive Council
of the Federation” as required under section 144(1) of the
Constitution, the Senate President could constitute such medical
panel “to determine the health status of the President.”

A suit seeking an order of the Federal High Court in Abuja
compelling the Senate President, Dr. Bukola Saraki, to appoint a
medical panel to determine the health status of ailing President
Muhammadu Buhari, has been assigned to Justice Abdukadir
Abdu-Kafarati.

The suit, marked FHC/ABJ/CS/508/2017, was filed by a United
States of America-based Nigerian, Mr. Toyin Dawodu, on June 28.

The respondents to the suit are Saraki, the Executive Council of
the Federal Republic of Nigeria, and the Attorney General of the
Federation, Mr. Abubakar Malami (SAN).

Responding to our reporter’s inquiry on the status of the case
on Tuesday, the plaintiff’s lawyer, Mr. Frank Tietie, confirmed
that the outgoing Chief Judge of the Federal High Court, Justice
Ibrahim Auta, had assigned the case to Justice Abdu-Kafarati.

He told our correspondent in a telephone interview that the case
would likely be heard after the annual judges’ vacation which
commenced earlier this month.

Judges of various courts, including the Federal High Court, are
to resume from this year’s vacation in September.

Speaking with our correspondent, Tietie, said, “I have just been
informed that the case has been assigned to Court 2 of the Federal
High Court in Abuja, that is Justice Abdu-Kafarati’s case.

“Although, we have not been given any hearing date, the suit
will likely be fixed for hearing after the judges’ vacation.”

Justice Abdu-Kafarati, who is to handle the case, is likely to
be the next Chief Judge of the Federal High Court as Justice Auta
retires on attaining the mandatory retirement age of 65 on
September 19, 2017.

Judges of the court had earlier on July 10, 2017, proceeded on
their annual vacation with only few of them assigned as vacation
judges to hear very urgent cases during the recess.

Buhari had left the country for the United Kingdom since May 7,
2017 for a medical vacation.

There has been no official confirmation on the nature and extent
of the President’s ailment.

But the plaintiff, Dawodu, in his suit, urged the court to
declare that Saraki was empowered by the constitution to set up the
medical panel to determine Buhari’s health status “without first
being a resolution of the Executive Council of the Federation.”

Section 144 of the Nigerian Constitution provides that such
medical panel should be appointed by the Senate President following
a resolution passed by two-thirds majority of the members of
Executive Council of the Federation.

But the plaintiff, through his counsel, Tietie, contended in the
suit that “in the absence of a resolution by the Executive Council
of the Federation” as required under section 144(1) of the
Constitution, the Senate President could constitute such medical
panel “to determine the health status of the President.”