The Court of Appeal will issue a sentence on Friday in a lawsuit filed against President Muhammadu Buhari, challenging his qualification for the 2019 presidential election.
A panel of three members of the Court of Appeals, chaired by Judge Atinuke Akomolafe-Wilson, had reserved the judgment in the complaint on Monday, July 8, after hearing the argument presented by the attorney for the parties in the matter.
The previous Court held that the date of his sentence would be communicated to the parties.
But as the 60-day deadline set by law for the hearing on the matter expires on July 12, the Court today communicated to the parties its willingness to issue its ruling on July 12, reports the NAN.
Kalu, Labaran Ismail, and Hassy El-Kuris had approached the Court of appeals to annul and annul the ruling of the Federal Supreme Court.
The Court of the first instance refused to hear the lawsuit initiated to challenge the educational qualification of President Buhari before the 2019 general election.
In the last session, the appellant’s lawyer, Mr. Ukpai Ukairo, insisted that President Buhari was not qualified in education to stand for presidential elections.
According to him, this was because the required certificates were not attached to his CF001 form, submitted to the Independent National Electoral Commission (INEC) for approval to challenge the presidential election.
The lawyer denied the claim that the appellants’ claim was prohibited by law. He added that the case began on November 5, 2018, within the 14 days allowed by law.
He said the cause of the action started with the announcement and publication by INEC of successful candidates for the 2019 general election on October 25, 2018.
Kairo, therefore, urged the Court of Appeal to allow the appeal and annul the decision of the Federal Superior Court for judicial error.
He urged the Court to nullify Buhari’s participation in the presidential election on February 23 because he was not qualified for education in the survey at the time he did so.
However, the attorneys for the first and second defendants urged the Court to dismiss the appeal as incompetent and without merit.
Buhari’s lawyer, Mr. Abdullahi Abubakar, pointedly told the Court of Appeal that the appellant’s case was prohibited by law and that it had not been filed within the mandatory period stipulated by law.
He urged the Court to defend the decision of the Federal Superior Court in the sense that the position of the law did not file the lawsuit.
The lawyer for the Congress of All Progressives, Mr. Babatunde Ogala, aligned himself with Buhari’s presentation and urged the Court to dismiss the appeal.
The lawyer of the INEC, Mr. Onyeri Anthony, said that the commission is neutral and that it will abide by the decision of the Court.
Appellants, in his appeal, ask the appellate Court to revoke Judge Ahmed Mohammed’s ruling because the trials filed by Buhari and used to nullify his claim were not competent.
They blamed the judgment of the lower Court, which was based on the argument that the claim was prohibited by law.
The appellants claimed that the Superior Court of Justice made an error of law and decree because they did not contest the primary elections that produced Buhari as an APC candidate.
Therefore, they urged the Court of Appeal to assume jurisdiction over the claim and grant all appeals requested in the Federal Superior Court, but these were rejected.
Among the reliefs was the statement that Buhari submitted false information about his qualification and certificate to INEC to challenge the election to the office of the President of Nigeria and that he should be disqualified.
They also prayed for a court order ordering INEC to remove Buhari’s name as an APC candidate.
They urged the Court to grant another order that prevents Buhari from running as a candidate in the 2019 presidential election and also that APC recognizes Buhari as a candidate.
On May 2, the Federal Superior Court refused to grant the appellants’ request on the basis that the claim was not filed within the time allowed by law and, therefore, upheld the preliminary objection presented by Buhari in the audience.
But not satisfied, the appellants now ask the Court of Appeal to grant their appeals because they are not challenging the primary APC election as erroneously held by the lower Court.
According to them, they are challenging Buhari’s qualification to stand for presidential elections without demonstrating their education certificates as required by law.