The Court of Appeal, Abuja Division on Friday dismissed an appeal challenging the academic qualification of President Muhammadu Buhari to contest the February 23, 2019, presidential election.
A three-man panel of the appellate court led by Justice Tinuade Akomolafe-Wilson in a unanimous judgment affirmed the earlier judgment of the Federal High Court in Abuja which had dismissed the suit on the grounds that it was statute-barred and robbed the court of jurisdiction to entertain the suit.
Justice Mohammed Idris, who delivered the judgment of the Court of Appeal, held that the matter had become statute barred, having not been filed within the 14 days the cause of action arose as stipulated under Section 285(9) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
Justice Idris held that the cause of action arose on October 18, 2018, when President Buhari submitted his Form CF001, curriculum vitae and a supporting affidavit to the Independent National Electoral Commission (INEC), after he emerged as the Presidential candidate of the All Progressives Congress (APC) in the party’s earlier primary election.
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He noted that the appellants challenging the earlier judgment of the Federal High Court only filed their suit before the said lower court on November 5, 2018, which was outside the 14 days period from October 18, 2018.
Appeal Court dismisses suit challenging Buhari’s qualification.
Kalu Kalu, Labaran Ismail, and Hassy El-Kuris had approached the appellate court to nullify and set aside the Judgment of the Abuja division of the Federal High Court which declined to hear their suit instituted to challenge the educational qualification of President Buhari before the conduct of the 2019 general election.
At the last sitting on matter, counsel to the appellant, Ukpai Ukairo, insisted that President Buhari was not educationally qualified to have stood for the presidential poll on the grounds that the required certificates were not attached to his form CF001, submitted to the electoral body for clearance to contest the presidential poll.
The counsel denied the claim that the suit of the appellants was statute barred, adding that the case was instituted on November 5, 2018, within the 14 days allowed by law. He said the cause of action started with the announcement and publication by INEC of successful candidates for the 2019 general election on October 25, 2018.
Ukairo, therefore, urged the Court of Appeal to allow the appeal and set aside the decision of the Federal High Court on grounds of miscarriage of justice.
He asked the court to nullify Buhari’s participation in the February 23 presidential election because he was not educational qualified for the poll at the time he did.
However, lawyers to the 1st and 2nd respondents urged the court to dismiss the appeal for being incompetent and lacking merit.
Buhari’s counsel, Abdullahi Abubakar, specifically told the Appeal Court that the case of the appellants was statute barred having not been filed within the mandatory period stipulated by the law.
He urged the court to uphold the decision of the Federal High Court to the effect that the suit was not filed in line with the position of the law.
Counsel to the APC, Babatunde Ogala, aligned himself with Buhari’s submission and urged the court to dismiss the appeal, while counsel to INEC, Onyeri Anthony, said the commission is neutral and would abide by the decision of the Court.
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.
While faulting 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 decision because they did not challenge the primary election that produced Buhari as the 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 certificate 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 the court directing INEC to remove Buhari’s name as a candidate of APC and 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 asked 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 but the qualification of Buhari to stand for the presidential election without demonstrating his educational certificates as required by law.