The Court of Appeal on Friday, July 12, 2019, dismissed a suit filed against President Muhammadu Buhari, challenging his qualification for the 2019 presidential election.
A three-member panel of the Court of Appeal presided over by Justice Atinuke Akomolafe-Wilson, had on Monday, July 8, 2019, reserved judgment in the suit after listening to the argument canvassed by counsel to parties in the matter.
Kalu Kalu, Labaran Ismail and Hassy El-Kuris had approached the appellate court to nullify and set aside the Judgment of the Federal High Court.
The trial court declined to hear their suit instituted to challenge the educational qualification of President Buhari before the conduct of the 2019 general election.
The appellants in their appeal are asking the appellate court to reverse the judgment of Justice Ahmed Mohammed on the grounds that the processes filed by Buhari and used to strike out their suit were not competent.
They faulted the Judgment of the lower court, which was predicated on the grounds that the suit was statute barred.
The appellants claimed that the Federal High Court erred in law and in its decison because they did not challenge the primary election that produced Buhari as candidate of the APC.
They therefore urged the Court of Appeal to assume jurisdiction over the suit and grant all the reliefs sought at the Federal High Court but which were refused.
Among the reliefs were a declaration that Buhari submitted false information regarding his qualification and certifcate to INEC for the purpose of contesting election into the office of the President of Nigeria and that he should be disqualified.
They also prayed for an order of court directing INEC to remove Buhari’s name as a candidate of APC.
They urged the court to grant another order restraining Buhari from parading himself as a candidate in the 2019 presidential election and also APC from recognizing Buhari as a candidate.
The Federal High Court had on May 2 declined to grant the request of the appellants on the grounds that the suit was not filed within the time allowed by law and therefore sustained the preliminary objection raised by Buhari at the hearing.
But not satisfied, the appellants are now asking the Court of Appeal to grant their reliefs because they are not challenging the primary election of APC as erroneously held by the lower court.
According to them, they are challenging the qualification of Buhari to stand for the presidential election without demonstrating his educational certificates as required by law.
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