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The Abuja Division of the Court of Appeal has been asked to determine whether Muhammadu supplied false information about his educational qualification and certificates, in the Form CF001 he submitted to the Independent National Electoral Commission, , before the general elections.

The appellate court is in an appeal marked CA/A/436/2019, further urged to determine whether the of the Attorney General of the Federation and Minister of Justice, is competent to file processes to defend the allegation that President Buhari lied on oath about his qualifications.

The appeal was lodged by three litigants, Kalu Agu, Labaran Ismail and Hassy El-Kuris, who identified themselves as electorates and taxpayers.

The trio, are challenging the dismissal of a they filed against President Buhari prior to the presidential .

Trial Justice Ahmed Mohammed of the Federal High Court in Abuja had in a judgment last month, dismissed the suit marked FHC/ABJ/CS/1310/2018, on the premise that it was statute barred.

Cited as defendants in the matter were President Buhari, the All Progressives , APC, and INEC.

Meanwhile, in their four grounds of appeal, the appellant contended that the high court erred by relying on a preliminary objection that was filed on behalf of President Buhari by the AGF, to dismiss the suit.

Citing several decided cases, the appellants argued that, “The Attorney General or a lawyer in his office cannot appear or file processes for the 1st Defendant”.

Besides, they urged the Court of Appeal to determine, “Whether the Learned Trial Judge was right in holding that the suit was statute-barred by computing the number of days from the 28th day of September 2018 when the 2nd Respondent held its primary election wherein the 1st Respondent was elected as a candidate of the 2ndRespondent?

“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. A court must be guided by the process before it:

“It is evident from the processes and proceedings before the court that there was a frontal challenge by the Appellants to the processes filed on behalf of the 1st Respondent by the law officers. The court was bound to rule on this issue and not sweep it under the carpet.

“Howbeit, it is further submitted that it is settled law that the issue of competence of proceedings or a process cannot be waived when the challenge goes to the fundamental nature of the process and not merely on a procedural aspect of the process:

“In the circumstances of the foregoing, we urge Your Lordship to hold that the reliance of the Court on the processes and the refusal to strike them out was wrong.

“Further, we urge Your Lordship to reverse the decision of the Court, assume original jurisdiction on the matter and strike out all the processes filed by the 1st Respondent’s Counsel.

“By Section 31(5) of the Electoral Act, it is the information given by the 1st Respondent, the candidate to the 3rd Respondent that is the subject matter of this suit.

“It is, with respect, inconceivable that, in the light of the clear and express provisions of Section 31 of the Electoral Act and the reliefs sought, the Court reasoned that the Appellants could be challenging the information set out in a document submitted to a political party by an aspirant.

“It is, with respect, self-evident that Section 285(9) of the 1999 Constitution (as amended) cannot be referable to an event occurring at the primary election of a party since the document in issue is a post-primary document.

“In the instant case it is our submission that the cause of action is not yet complete until the time “any person”, in this case, the Appellants, “… has reasonable grounds to believe that any information given by a candidate in the affidavit or any document submitted by that candidate is false…” as provided in Section 31(5) of the Electoral Act. The document in issue in the context of the overall provision of Section 31 is only referable to a document submitted to the 3rd Respondent which is the one exhibited and referred to in all the processes before the court.

“With respect, what the court below did was to create a situation, not within the contemplation of the law and upon that basis initiate dismissal of the suit. In the circumstances of the foregoing we urge Your Lordship to reverse the decision of the Learned Trial Judge and hold that the suit is not statute barred.

“In conclusion, we submit that the decision of the Court below be reversed on the following grounds:

“That the processes filed by the first Respondent 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 grants 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”, the appellants added.


source: Daily Post


Abass Sulaiman Adegoke, well known as Adegoke is a student of Federal Polytechnic Ede studying Civil Engineering, He is a media enthusiast, loves traveling, and has a special interest in personal development.

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1 Comment

1 Comment

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Amotekun: Our own security operation will be everywhere, Nigeria’s breakup won’t affect us – Miyetti Allah




Amotekun: Our own security operation will be everywhere, Nigeria’s breakup won’t affect us – Miyetti Allah 20200222 145014 1

Miyetti Allah Kautel Hore socio-cultural organisation, has said that it may be pushed to set up its own security operation in the country, adding that if that happens, no one can control it.

Speaking through its National , Abdullahi Bodejo , in an interview with the Sun, the organization also declared that Nigeria’s breakup won’t affect the Fulani in any way.

Bodejo said he is so afraid the way regions are coming up with illegal security outfits, “One group calls its own, Amotekun; another group calls its own Shege ka fasa”, declaring that he does not support anything illegal.

The Fulani leader pointed out that it would be a disaster for the country if all the groups are allowed to form their own security.

He explained that the Fulani are in every corner, “if the Fulani should set up its own, how many countries will that be; how many countries do they not have brothers- Our brothers are in Cameroun, Niger, Chad, Mali etc. Some migrated to Ghana to rear their cows and other parts of the world.”

He said his organization is looking at the response of the government and security agencies to the formation of these ”illegal security outfits, “because if it comes to our side. I don’t think it is something that anybody can control.”

“If we are pushed to set up our own security outfit, nobody can control it because nobody knows how many Fulani in Nigeria; we are more than every tribe in this country, we are in every corner,” Bodejo warned.

“If anything happens to this country whether break up, nothing can affect the Fulani. Nothing can affect the Fulani,” he added.

He said, however, that Fulani are blessed people who are managing themselves, but are hated by Nigerians “who do not want to take their eyes off them.”

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Abacha loot: Malami reacts as US opposes Buhari govt’s ‘plan’ to hand Atiku $100m




Abacha loot: Malami reacts as US opposes Buhari govt’s ‘plan’ to hand Atiku $100m 20200222 143837 1

Nigeria’s Attorney-General and Minister of Justice, Abubakar Malami, has dismissed United States’ reported opposition to alleged plan by the Muhammadu government to hand $100million to Kebbi Governor, Atiku Bagudu, from recovered Sani Abacha loot

Malami, through Umar Jibrilu Gwandu, his Special Assistant on Public Relations, called the news widely published by the Nigerian media as false.

“The story regarding paying a Governor certain amount of the repartraited Abacha loot is unfounded and baseless.

“It is only a fiction and figment of imagination of mischief makers who are bent on destroying the good efforts of the Federal Government.

“The report should be disregarded by any sensible and well-meaning persons”, Gwandu said in a statement Friday night.
Bloomberg had reported that there was a commitment by Nigeria to transfer funds to Bagudu after the repatriation of over $308million.

The U.S. Department of Justice (DoJ) stated that Bagudu was part of Abacha network that, “embezzled, misappropriated and extorted billions from the government of Nigeria.”

The U.S. is also seeking to seize some assets linked to the chairman of the All Progressives (APC) Governors Forum.

The world power, following a Nigerian government request in 2012, initiated a forfeiture action, including investment portfolios held in London in trust for the Kebbi helmsman.

In about two decades, Nigeria has been able to recover more than $2billion out of the $5billion Transparency International estimated Abacha stole.

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