A group, Advocacy for Societal Rights Advancement and Development Initiative, have approached a Federal High Court in Abuja, asking it to stop the Chief Justice of Nigeria (NJC), Justice Mahmud Mohammed, from swearing in President-elect. Muhammadu Buhari.
They also asked the court to nullify the certificate of return issued to Buhari by the Independent National Electoral Commission (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 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.
The grounds canvassed by the plaintiff read: “The 1st respondent (Buhari) gave false information in the affidavit he presented to the 2nd respondent (INEC) and on the strength of which he contested and purportedly won the presidential election which was conducted by the 2nd respondent on March 28.
“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 in the personal file of the 1st respondent with the Nigerian Army, it does not have the original copy of his West African School Leaving Certificate nor does the Nigerian Army have the Certified True Copy of his WASC results neither does it 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 have contested the position of President of Nigeria at the 2015 general election.
“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.”