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Alleging that President Muhammadu Buhari submitted false information regarding his educational qualification to the Independent National Electoral Commission, INEC, three Nigerians have urged the Court of Appeal in Abuja to disqualify him as a candidate in the last presidential election.
The prayer is contained in their appeal which they filed against the May 2, 2019 judgment of the Federal High Court in Abuja which had dismissed their suit.
The appellants are Kalu Agu, Labaran Ismai’l and Hassy El-Kuris. They joined Buhari, INEC and the All Progressives Congress in the appeal.
They had, among other prayers, asked the court to declare that Buhari submitted false information regarding his educational qualifications/certificates to INEC for the purpose of contesting the presidential election in 2019.
They sought an order disqualifying Buhari from presenting himself and or contesting the in the presidential election.
They also sought an order directing APC to reject/remove Buhari’s name as the party’s presidential candidate.
But in his judgment delivered on May 2, 2019, Justice Ahmed Mohammed of the Federal High Court in Abuja dismissed the suit on the grounds that it was statute-barred not being filed within the time prescribed by the Constitution.
In their appeal against the judgment, the appellants asked the Court of Appeal to hold that the trial court was wrong in relying on the court papers filed by Buhari through a law officer in the Ministry of Justice.
The appellants stated, through their lawyer, Ukpai Ukairo, “Arising from the foregoing it is our submission that the learned trial judge was, with respect, wrong to have held that the objection to the representation by the Attorney General and ipso facto the processes was belated in that there was no objection to the appearance of the law officers and that the Appellants reacted to the processes filed.”
They also urged the appellate court to nullify the decision of the trial court to the effect that the suit was statute-barred by computing the number of days from September 28, 2018, when the APC held its primary election in which Buhari was elected as the candidate of the party.
The appellants’ lawyer stated, “In conclusion, we submit that the decision of the court below be reversed on the following grounds:
"That the processes filed by the 1st respondent (Buhari) are incompetent and ought to be struck out.
“That the suit is not statute-barred as it does not question any act or event occurring at the 2nd respondent’s primary election.
“That the court assumes jurisdiction over the suit and grant the reliefs sought at the lower court since we have demonstrated in paragraph 2:7 above that there is no counter affidavit known to law in opposition to the Originating Summons and ipso facto the reliefs sought."
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