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Nigeria's President-elect Muhammadu Buhari
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A Federal High Court in Abuja on Thursday dismissed an application
seeking to stop the inauguration of Nigeria's President-elect Muhammadu Buhari today, GRAPHITTI NEWS reports.
A non-governmental organization,
Advocacy for Societal Rights Advancement and Development Initiative, had on
Tuesday filed a suit as well as an ex parte application seeking an interim
injunction restraining the Chief Justice of Nigeria, Justice Mahmud Mohammed,
from inaugurating Buhari on Friday.
The application was adjourned till
Thursday for hearing following the failure of the representative of the
plaintiff or its lawyer, Mr. Philip Ekpo, to show up in court on Wednesday when
the application was initially fixed for hearing.
After hearing the plaintiff’s lawyer
on Thursday, Justice Ahmed Mohammed, dismissed the application for lacking in
merit.
He held that the urgency which the
application was predicated on was self-induced because the election in which
Buhari emerged as president had held about two months before the suit was
filed.
Justice Ahmed held, “The
presidential election in which the 1st defendant (Buhari) emerged winner took
place on March 28, 2015; today is May 28. It is now two months the election
took place. Now, I sincerely ask, how can a court grant an interim injunction
on the issue?”
“Where was the plaintiff/applicant
before and after the election? Is it that the applicant did not know about the
presidential election of March 28 or what?
“The inauguration of the 1st
defendant will be held tomorrow (Friday) and the applicant is talking about
urgency.
“This motion ex parte is a clear
case of self induced urgency. Therefore this application is devoid of merit and
accordingly dismissed.”
The judge subsequently adjourned the
suit till June 24.
Buhari’s counsel, Lateef Fagbemi
(SAN), had earlier asked the court to hear the application but the request was
rejected.
The court agreed with the
plaintiff’s lawyer’s submission that Order 26 rule 9 of the Federal High Court
forbade him from being heard in such an application filed as an ex parte.
Buhari, the Independent National
Electoral Commission, the Chief Justice of Nigeria, Justice Mahmud Mohammed,
are the 1st to the 3rd respondents in the suit respectively.
The plaintiff is seeking an order
restraining the CJN from inaugurating in the President-elect, Muhammadu Buhari,
on Friday, May 29.
The suit also seeks an order
nullifying the Certificate of Return issued to Buhari by INEC.
The plaintiff hinged the suit on the
allegation that Buhari did not qualify to contest the presidential election on
the grounds that he gave a 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 polls 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.
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.
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