Court Strikes Out Suit Challenging Buhari’s Educational Qualification As 2019 Presidential Candidate
The Court of Appeal, Abuja Division on Friday dismissed a suit, challenging the candidacy of President Muhammadu Buhari on grounds of academic qualification.
In the judgement, the court held that the application was brought outside the specified time for pre-election matters.
Justice Atinuke Akomolafe-Wilson led the three-member panel of the court struck out the suit which was brought before it by Kalu Kalu, Labaran Ismail and Hassy Kyari el-Kuris, after a Federal High Court had dismissed their application on the grounds that it was brought outside the specified period of time.
In a judgement on the appeal, read by Mohammed Idris on behalf of the three-member panel, said: “We have decided to settle on the preliminary objection. To determine the issue, we have to pay serious attention to when the cause of action arose.
“I have no doubt in my mind that the cause of action arose on October 18 when the documents said to be false that is the Curriculum Vitae and affidavit were submitted to INEC in form CF001,” the court ruled.
It went on to state that based on section 285 (9) of the 1999 Constitution, the case was brought later than the stipulated period of 14 days when a pre-election matter ought to have been brought.
It held also that even if the first part of the application was successful, it noted that the matter was not brought out of time, the stipulated period when such a pre-election matter ought to have been determined elapsed since May.
It therefore ruled that it cannot accord itself any jurisdiction outside that given to it by the constitution.