A group, Advocacy for Societal Rights Advancement and Development
Initiative, has instituted a fresh suit before the Federal High Court
in Abuja seeking to stop the Chief Justice of Nigeria, Justice Mahmud
Mohammed, from swearing the President-elect, Muhammadu Buhari, on
Friday.
The suit filed on Tuesday is also seeking an order nullifying the
certificate of return issued to Buhari by the Independent National
Electoral Commission, INEC, after he defeated Goodluk Jonathan.
The plaintiff hinged the suit on the allegation that Buhari did not
qualify to contest the presidential election on the grounds that he gave
false information about his academic qualification to INEC.
Between January and February 2015 there were about 10 cases instituted
by various plaintiffs challenging Buhari’s eligibility to stand for the
poll on the grounds of his academic qualification controversy. But after
he won, the cases were withdrawn.
In the fresh suit filed by its lawyer, Mr. Philip Ekpo, the group
alleged that Buhari did not meet the qualification enshrined in the 1999
Constitution and the Electoral Act to stand for the March 28, 2015
presidential election.
Buhari, INEC, the CJN are the 1st to the 3rd respondents in the suit respectively.
The plaintiff is seeking 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.
The case has not been assigned to any judge.
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