2019 PRESIDENTIAL POLL: ACADEMIC QUALIFICATION SUIT, BUHARI TO KNOW FATE SOON

The counsel further argued that Buhari failed to present  the required certificates to his form CF001, submitted to the Independent National Electoral Commission (INEC) for clearance before contesting at the poll for the.

Penpushing further reports that, the counsel to the appellant opposed the claim that the suit of the appellant was ‘statute-barred’, arguing that the case was instituted on November 5, 2018,”within the 14 days allowed by law”.

The counsel told the court that the course of action started with the announcement and publication by Independent National Electoral Commission (INEC) of successful candidates for the 2019 general election on October 25, 2018, and therefore, prayed the court to allow the appeal and set aside the decision of the Federal High Court on the grounds of miscarriage of justice.

Penpushing also reports that, Ukairo prayed the court to nullify Buhari’s participation in the February 23 Presidential poll, arguing that he (Buhari) was not educational qualified for the poll at the time he did, while the lawyers to the first and second respondents in a counter appea urged the court to dismiss the appeal for being incompetent and lacking merit.

The counsel to Buhari  Abdullahi Abubakar, in his argument posited that  the case of the appellant was statute-barred having not been filed within the mandatory period stipulated by the law, and  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

Penpushing further reports that  the counsel to the All Progressives Congress (APC), Babatunde Ogala, while arguing in the same vein, prayed  the court to dismiss the appeal, while the lawyers to the electoral body , Onyeri Anthony, explained that the commission is neutral and would abide by the decision of the court.

However, it is recalled that  Kalu Kalu,  Labaran Ismail and Hassy Kyari el-Kuris, the plaintiffs had earlier approached the appellate court to nullify and set aside the judgment of the Federal High Court in Abuja, which declined to hear a suit they instituted to challenge the educational qualification of  Buhari before the conduct of 2019 general election.

Penpushing reports that, the trio were asking the court to reverse the judgment of Justice Ahmed Mohammed because the processes filed by Buhari and used to strike out their suit were not competent, and also faulted the judgment of the lower court, which ruled that the suit was statute-barred.

The reliefs sought by the plaintiffs  include a declaration that Buhari submitted false information regarding his qualification and certificate to electoral commission  for the purpose of contesting election into the office of the President of Nigeria ”and that he should thus be disqualified”.

Penpushing reports that, the plaintiffs equally prayed for an order of the court directing the electoral commission to remove Buhari’s name as a candidate of All Progressives Congress (APC) and another order restraining Buhari from parading himself as a candidate in the 2019 Presidential election and also All Progressives Congress(APC) from recognizing  Buhari as its candidate

The plaintiffs  also claimed that the Federal High Court erred in law and its decision having not challenge the primary election that produced him(Buhari) as the  All Progressives Congress(APC) Candidate, and therefore urged the appeal court to assume jurisdiction over the suit and grant all the reliefs sought at the Federal High Court but which were refused.

Meanwhile, the  three-member panel of the court, led by Atinuke Akomolafe-Wilson, after taking arguments from parties in respect of the appeals, declared that  they would be informed when the judgments are ready.