Buhari's Inauguration faces Trial

Just as everything seems to be ready for Muhammadu Buhari’s May 29 inauguration, a Nigerian group has called on Abuja Federal High Court to stop the process.

The Advocacy for Societal Rights Advancement and Development Initiative on May 26 filed a suit to stop Mahmud Mohammed, the Chief Justice of Nigeria, from swearing in the president-elect, the The Punch reports.

The plaintiff insists that the certificate of return issued to Buhari by the INEC contained false information.  The demand is to have the certificate nullified as Buhari allegedly provided false information about his academic status.

The group’s lawyer Philip Ekpo explains that the APC politician did not even have the right to run for the presidency, based on the provisions of the 1999 Constitution and and the Electoral Act.

The plaintiff seeks:

“A declaration that the 3rd defendant be stopped from swearing 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 3rd defendant or any person appointed for such purpose from swearing in the 1st defendant as President of the Federal Republic of Nigeria on May 29, 2015 or any future dates whatsoever for giving false information to the 2nd respondent on oath.

“An order annulling the Certificate of Return given to the 1st defendant by the 2nd defendant.”

Grounds for suit:

“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, 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 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 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 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 should be recalled that a number of suits was initiated against Buhari before the polls over his eligibility to contest for the presidency. The months-long messy saga tracked the situation with Buhari’s school leaving certificate. Groups and individuals demanded the APC candidate prove his academic status.

After a series of controversies, the school finally released the computer printout of his certificate. However, later some officials disowned the copy of the document, doubting its genuineness.

After Buhari’s victory all the suits challenging his eligibility were withdrawn. President Goodluck Jonathan immediately conceded defeat and refused to go to court over any allegations against the president-elect.