Certificate saga: Rights group asks court to stop Buhari's swearing-in
A civil rights group, Advocacy for Societal Rights
Advancement and Development Initiative, has asked the Federal Court in Abuja
to stop the Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, from
administering oath on the President-elect, General Muhammadu Buhari on May 29.
The group, in a suit by its lawyer, Mr. Philip Ekpo,
insisted that Buhari was not legally fit to take over as the President of
Nigeria.
The plaintiff argued that Buhari did not meet the
qualification enshrined in the 1999 Constitution and the Electoral Act, and
ought not have contested the April 11, 2015, presidential election.
Respondents in the suit are Buhari, the Independent National
Electoral Commission, INEC and the Chief Justice of Nigeria, CJN.
The group
specifically applied for 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.
According to the plaintiff, "BUhari gave false
information in the Affidavit he presented to the 2nd Respondent and on the
strength of which he contested and purportedly won the presidential election
which was conducted by INEC on March 28, 2015.
"Buhari 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 Buhari with the Nigerian Army, they do not have the
original copy of his West African School Leaving Certificate (WASC) nor does
the Nigerian Army have the Certified True Copy of his WASC results neither do
they have a photocopy of the said result.
"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.
"That the authority conferred by Section 140 of the
1999 Constitution (as amended) on the CJN to administer oath of office to any
person who will occupy the office of the President of Nigeria cannot be
exercised in respect of Buhari, 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", it averred before the court.
This therefore prayed the court to declare that the
information contained in the Buhari's FORM C.F.001 stating that his educational
qualification is the WASC and that same is with the Secretary to the Military
Board amounts to False Information.
As well as to hold that the information contained in the Buhari's
Affidavit deposed to on November 24, 2014 stating that his WASC is with the
Secretary to the Military Board amounts to False Information.
More so, it is among other things, seeking "A
declaration that CNJ is estopped from swearing in Buhari as President of the
Federal Republic of Nigeria, as the issue of perjury involving Buhari has not
been resolved.
"An order restraining the CJN or any person appointed
for such purpose from swearing in Buhari as President of the Federal Republic
of Nigeria on May 29, 2015 or any future dates whatsoever for giving false
Information to INEC on oath.
"An order annulling the Certificate of Return given to Buhari
by INEC."
Meantime, the case is yet to be assigned to any judge for
hearing.
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