Presidential Poll: S-Court Dismisses Suit Challenging Buhari’s Qualifications
The Supreme Court, on Monday, dismissed a suit that challenged President Muhammadu Buhari’s eligibility to contest the 2019 presidential election.
In a unanimous judgement by a five-man panel of Justices, the apex court, held that the legal action that three citizens, Kalu Agu, Labaran Ismail and Hassy El-Kuris, filed to query President Buhari’s educational qualifications, had become statute barred. The apex court held that the Court of Appeal in Abuja acted rightly when it declined jurisdiction to entertain the matter.
It will be recalled that the appellate court had in a verdict it gave on July 12, said it lacked the powers to determine whether or not President Buhari committed perjury based on allegation by the litigants that he lied about his educational qualifications in the Form CF 001 he submitted to the Independent National Electoral Commission, INEC, to contest the February 23 presidential election. Specifically, the court held that the appellants, failed to challenge the qualifications President Buhari claimed in his form, within 14 days after he tendered it before the INEC, as stipulated by section 285(9) of the 4th alteration to the 1999 constitution.
Consequently, the appellate court said it had no cause to set-aside the Judgement of the Federal High Court in Abuja, which had on May 2, dismissed the suit.
Meanwhile, though the Supreme Court upheld the appellate court’s decision, it however lambasted the Federal Ministry of Justice for appearing before it to defend President Buhari’s certificate.
The apex court panel which was headed by Justice Mary Odili, said it was bad for the Ministry or the Attorney General of the Federation to use public fund to defend a case in which Buhari was sued in his personal capacity.
The court wondered why a Principal State Counsel from the Federal Ministry of Justice, Mr. Abdullahi Abubakar, should be the one to announce appearance for a private individual.
Frowning at the development, Justice Muhammad Dattijo, said it was high-time Nigeria started practicing democracy as it is done in countries like the United States of America, where he noted that the Justice Ministry never appeared to defend numerous private cases that were filed against Bill Clinton while he held sway as President. “Clinton, in his numerous private litigations, never used government organs, but rather personally sponsored all his private cases”, Justice Dattijo noted.
He warned lawyers in the Justice Ministry against embarking on actions that amount to gross contravention of the Code of Conduct for public servants, stressing that such action could attract consequences. While adopting Justice Dattijo’s observation, Justice Odili, said: “The court notes the inappropriate appearance of Mr Abdullahi Abubakar, state counsel from the Federal Ministry of Justice, representing the first respondent Gen. Muhammad Buhari Rtd in his personal capacity. “This practice must be discouraged, appeal haven been withdrawn, it is hereby dismissed”, Odili said.
