The Supreme Court yesterday struck out the suit seeking the disqualification of President Muhammadu Buhari in the February 23, 2019 poll over alleged act of perjury.
The suit was struck out shortly after it was withdrawn by the appellants’ counsel, Ukpai Ukairo, following hints from the apex court that it is pointless going ahead with the matter having been cut up by the Fourth Alteration to the 1999 Constitution.
The appellants, a legal practitioner, Kalu Kalu, and two others – Labaran Ismail and Hassy El-Kuris – had approached the apex court to set aside the decision of the Court of Appeal which had earlier dismissed the suit on grounds of being statute-barred.
However, at yesterday’s hearing, a five-man panel of justices, led by Justice Mary Peter-Odili, had asked the appellants’ counsel if the case was statute-barred or not before proceedings.
Though the counsel advanced several reasons to convince the court that it was not statute-barred, the court, however, drew his attention to Buhari’s Form CF001, which was the bone of contention and which was received by the Independent National Electoral Commission (INEC) on October 14, whereas the case was instituted in the middle of November, thereby indicating that the suit being a pre-election matter was filed outside the 14 days provided by the law.
Following the hint, the appellants’ counsel subsequently withdrew the matter and the suit was consequently struck out without cost.
Meanwhile, the Supreme Court, however, frowned at the appearance of a Principal State Counsel from Federal Ministry of Justice, Abdullahi Abubakar for President Buhari in a personal litigation.
The Supreme Court held that the action of the lawyer contravenes the Provisions of the Code of Conduct for public officers.
The panel cited the case of former American President Bill Clinton, who throughout his tenure never engaged in using public funds to run personal litigation, adding that same must be applicable to Nigeria since the country is copying the American system of government.
Abubakar had announced his appearance for the first respondent (General Muhammadu Buhari) in the suit.
They warned him to desist from such act of using public office to defend a private litigation.
Justice Muhammad Dattijo, while addressing the counsel, sited President Bill Clinton’s numerous private cases while in the office.
“Clinton, in his numerous private litigations, never used government organs, but rather personally sponsored all his private cases.
Odili, in her judgement, said the court notes “the inappropriate appearance of Abdullahi Abubakar, state counsel from the Federal Ministry of Justice, representing the first respondent, Gen. Muhammad Buhari (rtd) in his personal capacity.
“This practice must be discouraged. Appeal haven been withdrawn and is hereby dismissed.”
The appellants’ grievances had arisen from the dismissal of their suit at the Court of Appeal, Abuja Division, on grounds that it was statute-barred and, as such, could not be heard.
They had approached the apex court to nullify the candidacy of President Buhari in the just concluded presidential poll over allegations of perjury.
The appellants specifically wanted Buhari’s nomination and subsequent victory at the February 23 presidential election nullified on the grounds that President Buhari lied on oath in his Form 001 that he submitted to INEC for the purpose of clearance for the presidential election.
They asked the apex court for an order to set aside the judgement of the Court of Appeal and hear the matter on merit and grant the reliefs sought in the Originating Summons.
Among the reliefs sought is the 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 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 the All Progressives Congress (APC) from recognizing Buhari as a candidate.
The Court of Appeal in a unanimous judgement delivered by Justice Mohammed Idris, had, on July 12, held that the singular fact that the suit was filed outside the 14 days provided by the law robbed the court of jurisdiction to entertain it.
The Federal High Court had, in May, 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.
The appellants had, through their counsel, Ukpai Ukairo, presented 12 grounds for the setting aside of the judgement of the Court of Appeal
