Appeal Court to rule on suit seeking to swear in Atiku, void Buhari’s election

The Court of Appeal in Abuja has fixed February 22, 2022, for hearing of the appeal seeking to void President Muhammadu Buhari’s election.

The Incorporated Trustees of the Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC) is contending that if the court agrees with its submissions, it should direct the inauguration of former Vice-President Atiku Abubakar, who came second in the 2019 General Elections, to the office of President of the Federal Republic of Nigeria.

A three-member panel of justices presided by Justice Peter Ige, during the hearing, directed proper service of court papers on the Independent National Electoral Commission (INEC), the All Progressives Congress (APC) and President Buhari.

Counsel to the appellants in the matter, Nnamdi Ahaiwe had informed the court that the respondents, who appeared during the initial hearing on January 14, were duly served with the processes and endorsed at the back.

But Justice Ige said, “file afresh and serve the respondents. The law enjoins us to see real prof of service.”

The civil society had brought the appeal challenging the judgement of the high court dismissing its earlier suit where it contended that President Buhari’s personal affidavit sworn to on November 24, 2014 at the FCT High Court Abuja in support of his personal particulars contained a false statement under oath “when he averred that his academic qualification documents are with the ‘Secretary of the Military Board’.”

The NGO is seeking a declaration that “there is no institution, establishment, authority or office in Nigeria, at all times material to this case, known as an called a Military Board and as well no person, officer, office or authority known as and called Secretary to the Military Board.”

The NGO demands that if the court agrees that there is no office called ‘Secretary to the Military Board’, it should make an order nullifying the election and swearing in of the 3rd Defendant/Respondent (President Muhammadu Buhari, GCFR) to the office of President of the Federal Republic of Nigeria;

“An order directing the 1st Defendant/Respondent (INEC) to withdraw the Certificate of Return to the office of President of the Federal Republic of Nigeria, issued to the 3rd Defendant/Respondent (President Muhammadu Buhari, GCFR);

“An order directing the 1st Defendant/Respondent (INEC) to issue a new Certificate of Return in respect of the office of President of the Federal Republic of Nigeria to Alhaji Atiku Abubakar, of the Peoples Democratic Party (PDP) being the candidate who came second in the 2019 General Elections to the office of President of the Federal Republic of Nigeria.”