The Court of Appeal sitting in Abuja has struk out a case challenging President Muhammadu Buhari’s eligibility to contest the 2019 presidential election based on his academic qualification.
A three-man panel of the court led by Justice Tinuade Akomolafe-Wilson on Friday unanimously struck out the case brought before it by three Nigerians.
Kalu Kalu Agu, Labaran Ismail, Hassy Jyari El-Kunis, the petitioners, had approached the appealleate court to contest the president’s eligbility for the election.
But the appeallate court upheld the judgment of the Abuja division of the Federal High Court, which had initially dismissed the petitioners’/plantiff’s prayers.
Justice Mohammed Idris, who delivered the lead judgment, held that the petitioners had filed the case beyond the 14 days the cause of action as stipulated under section 285(9) of the Nigerian Constitution, and had therefore become statute-barred.
Justice Idris noted that a cause of action arose when Buhari submitted his Form CF001, curriculum vitae and a supporting affidavit to the Independent National Electoral Commission (INEC) on October 18, 2018, having emerged as the All Progressives Congress presidential candidate in the party’s earlier primary election.
The judge explained that the appellants filed their challenge at the lower trial court on November 5, 2018, which he said was outside the 14-day period allowed by law.
The appellate court, therefore, dismissed the case.