The appellate court is in an appeal marked CA/A/436/201, is further urged to determine whether the office of the Attorney General of the Federation (AGF) and Minister of Justice, is competent to file processes to defend the allegation that President Buhari lied on oath about his qualifications.
Three litigants that filed the appeal, Kalu Agu, Labaran Ismail and Hassy El-Kuris, who identified themselves as electorate and taxpayers are challenging the dismissal of a suit they filed against President Buhari, before the February 23 presidential election.
The trial Judge, Justice Ahmed Mohammed of the Federal High Court, Abuja had in a judgment delivered on May 2, 2019, dismissed the suit numbered, FHC/ABJ/CS/1310/2018, for being statute barred.
Cited as defendants in the matter were President Buhari, the All Progressives Congress (APC) and INEC.
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They had, among other things, prayed the trial court to determine; “whether having regard to the information in the affidavit contained in the 1st defendant’s INEC FORM CF001 regarding his educational qualifications/certificates, the defendant has submitted false information to the 3rd defendant.
“Whether from the facts and exhibits contained in the affidavit in support of this Originating Summons, and having regard to section 31(5) and (6) of the Electoral Act, 2010 ( as amended ), the 1st defendant is disqualified from running for the office of President of the Federal Republic of Nigeria in the 2019 General Elections.
“Whether the 1st defendant having submitted false information to the 3rd defendant, the 2nd defendant can validly present the 1st defendant as its candidate for the office of President of the Federal Republic of Nigeria for the 2019 General Elections.
“Whether the 3rd defendant can validly receive, accept or act upon the false information in the affidavit and documents submitted by the 1st as the candidate of the 2nd defendant for the office of President of the Federal Republic of Nigeria for the 2019 General Elections.
“Whether the 3rd defendant ought to have rejected the said false information and documents submitted by the 2nd defendant for the 1st defendant.”