The Court of Appeal in Abuja has ordered President Muhammadu
Buhari to respond to the appeal filed against his qualification for the 2019
presidential election.
The court also ordered the All Progressives Congress (APC), and
the Independent National Electoral Commission (INEC) to within five days respond to all
issues raised on the educational qualification of the president in the
election.
The presiding judge, Datti Yayaya who issued the order, also
directed that Buhari’s counsel, Abdullahi Abubakar, to within the period file
necessary processes in relation to the appeal.
The appeal was filed by Agu Kalu, Labaran Ismail and Hassy
El-Kuris.
The decision of the appellate court was sequel to a motion on
notice filed by counsel to the appellants, Mr Uchenna Ndubuisi.
Ndubuisi prayed the Court of Appeal in the motion to abridge
within which Buhari, APC and INEC will join issues with the appellants on the
certifcate suit.
Abubakar and Mr Temitayo Lasaki counsel for APC had urged the
appellate court in their response to the motion to give them five days to
enable them file their respondents’ brief of argument along with other
processes so as to set the stage for hearing of the substantive appeal.
Kalu, Ismail and El-Kuris had approached the appellate court to
nullify and set aside the Judgment of the Abuja division of the Federal High
Court .
The lower court had 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.
While faulting the Judgment of the High 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.
This they said was 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 .
Also, an 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.
They said they are challenging the qualification of Buhari to
stand for the presidential election without demonstrating his educational
certificates as required by law.
July 8 was
fixed for hearing of the appeal.