Buhari Dragged to Supreme Court over Alleged Perjury – TheNigerialawyer

*Appellants seek his disqualification as candidate in February
23rd presidential election

Appellants in the suit challenging the qualification of
President Muhammadu Buhari for the 2019 presidential election has
approached the Supreme Court to nullify his candidacy in the
February presidential poll.

The appellants approached the apex court after the dismissal of
their suit at the Court of Appeal, sitting in Abuja on grounds that
it was statute barred and as such cannot be heard.

The appellants specifically want Buhari’s nomination and
subsequent victory at the February 23 presidential election
nullified on the grounds that he lied on oath in his form 001 he
submitted to INEC for the purpose of clearance for the presidential
election.

The appellants, Kalu Kalu, Labaran Ismail and Hassy El-Kuris in
the Notice of Appeal marked: CA/A/436/2019, are asking the apex
court for an Order to set aside the judgment of the Court of Appeal
and hear the matter on merit and grant the reliefs sought in the
Originating Summons.

The Court of Appeal in a unanimous judgment delivered by Justice
Mohammed Idris, had on July 12, 2019, held that the singular fact
that the suit was filed outside the 14 days provided by the law
robbed the court of jurisdiction to entertain the suit.

The suit was accordingly dismissed for being incompetent and
lacking in merit.

In the Notice of Appeal dated and filed July 24, 2019, the
appellants through their counsel, Ukpai Ukairo, presented 12
grounds for the setting aside of the judgment of the Court of
Appeal, Abuja, amongst which are; that the “Learned Justices of the
Court of Appeal erred in law in relying on a Preliminary Objection
withdrawn and struck out by the Court of Appeal in striking out and
dismissing the appeal.

“The Learned Justices of the Court of Appeal erred in law and
breached the right of the Appellants to fair hearing by relying on
a Preliminary Objection, withdrawn by the 2nd Respondent and struck
out by the Court, thus being a case not made out or relied upon or
abandoned by a party in entering a decision in a judgment.

“The Learned Justices of the Court of Appeal erred in law in
holding that “the failure of the Registrar to sign the Originating
Summons is fatal and goes to the issue of jurisdiction” and thereby
struck out the Originating Summons.

“The Learned Justices of the Court of Appeal erred in law in
holding that delving into the other issues raised in the appeal
will be regarded as an academic exercise as the case has been held
to have been statute barred by virtue of Section 285(9) of the 1999
Constitution of the Federal Republic of Nigeria (as amended) 4th
alteration and robs this court of its jurisdiction”.

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