STUDY IN CHINA

Thursday, May 28, 2015

Certificate saga : Court asked to stop CJN from swearing in Buhari as President

BUHARI
ABUJA – ‎A Civil Society Organisation, the Incorporated Trustees of 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, Muhammadu Buhari on May 29.

‎The group, in an originating summons that was filed by its lawyer, Mr. Philip Ekpo, insisted that Buhari is 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.

Cited as respondents in the suit were Buhari, the Independent National Electoral COMMISSION and the Chief Justice of Nigeria.

The group specifically applied for an order of interim injunction restraining the 3rdRespondent or any person acting in his capacity, from swearing in the 1stRespondent 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, “‎The 1st Respondent 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 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 (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.

“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 havecontested 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”, 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 West African School Leaving CERTIFICATE (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 24th November, 2014 stating that his West African School Leaving CERTIFICATE (WASC) is with the Secretary to the Military Board amounts to False Information.

More so, it is among other things, seeking ‎”A declaration that the 3rdDefendant is estopped fromswearing 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 3rdDefendant or any person appointed for such purpose from swearing in the 1st Defendant as President of the Federal Republic of Nigeria on 29th May, 2015 orany future dateswhatsoever forgiving False Information to the 2nd Respondent on oath.

“An order annulling the CERTIFICATE of Return given to the 1stDefendant by the 2ndDefendant.”

Meantime, the case is yet to be assigned to any judge for hearing.

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