President Muhammadu Buhari
Certificate
President Muhammadu Buhari
Certificate Fraud: A’Court Gives Buhari 5 Days to
Respond
The Abuja division of the Court of Appeal on Monday has ordered
President Muhammadu Buhari to respond within 5 days to the appeal
filed against his qualification for the 2019 presidential
election.
The all Progressives Congress (APC), which nominated Buhari for
the presidential poll and the Independent National Electoral
Commission (INEC) which accepted the Buhari’s nomination were also
given 5 days to also respond to all issues raised on the
educational qualification of the president in the election.
Justice Datti Yayaya who issued the order, also directed that
Buhari’s counsel, Abdullahi Abubakar, must within the period file
necessary processes in relation to the appeal filed against
Buhari’s qualification by three appellants namely Agu Kalu, Labaran
Ismail and Hassy El-Kuris.
The decision of the appellate court was sequel to a motion on
notice filed by counsel to the appellants, Uchenna Ndubuisi, who
prayed the Court of Appeal in the motion to abridge within which
Buhari, APC and INEC will join issues with the appellants on the
certifcate suit.
Abubakar and that of APC, Temitayo Lasaki had urged the
appellate court in their response to the motion to give them five
days to enable them file their respondents’ brief of argument along
with other processes so as to set the stage for hearing of the
substantive appeal.
Kalu, Ismail and El-Kuris had approached the appellate court to
nullify and set aside the Judgment of the Abuja division of the
Federal High Court which declined to hear their suit instituted to
challenge the educational qualification of President Buhari before
the conduct of the 2019 general election.
The appellants in their appeal are asking the appellate court to
reverse the judgment of Justice Ahmed Mohammed on the grounds that
the processes filed by Buhari and used to strike out their suit
were not competent.
While faulting the Judgment of the High Court, which was
predicated on the grounds that the suit was statute barred, the
appellants claimed that the Federal High Court erred in law and in
its decison because they did not challenge the primary election
that produced Buhari as candidate of the APC.
They therefore urged the Court of Appeal to assume jurisdiction
over the suit and grant all the reliefs sought at the Federal High
Court but which were refused.
Among the reliefs were a declaration that Buhari submitted false
information regarding his qualification and certifcate to INEC for
the purpose of contesting election into the office of the President
of Nigeria and that he should be disqualified.
They also prayed for an order of court directing INEC to remove
Buhari’s name as a candidate of APC and another order restraining
Buhari from parading himself as a candidate in the 2019
presidential election and also APC from recognizing Buhari as a
candidate.
The Federal High Court had on May 2 declined to grant the
request of the appellants on the grounds that the suit was not
filed within the time allowed by law and therefore sustained the
preliminary objection raised by Buhari at the hearing.
But not satisfied, the appellants are now asking the Court of
Appeal to grant their reliefs because they are not challenging the
primary election of APC as erroneously held by the lower court but
the qualification of Buhari to stand for the presidential election
without demonstrating his educational certificates as required by
law.
Hearing in the appeal is adjourned to July 8.
By PRNigeria