Group Wants Court to Disqualify Buhari in 2019 Elections

Alex Enumah in Abuja

A non-governmental organi-sation, Kingdom Human Rights Foundation International, yesterday approached the Abuja Division of the Federal High Court for an order of perpetual injunction restraining the Independent National Electoral Commission (INEC) from including President Muhammadu Buhari’s name in the 2019 presidential ballot paper.

The group, in its suit marked FHC/ABJ/CS/1228/2018, averred that Buhari was not validly nominated by his party, the All Progressives Congress (APC), in accordance with provisions of the Section 91 (9) of the Electoral Act.

President Buhari was cited as the 1st Defendant in the matter, while office of the President, the Attorney General of the Federation, the APC and INEC were sued as 2nd to 4th Defendants.

The Plaintiff, through its lawyer, Mr. Okere Nnamdi, urged the court to determine “whether having regard to the express provisions of Section 91 (9) of the Electoral Act 2010 (as amended) the expression of interest and nomination forms, purchased by a group named Nigerian Consolidation Ambassadors Network and donated to Buhari, and which he accepted, completed and submitted to the INEC, is invalid, unconstitutional and illegal.

The group also want the court to resolve that having regard to the clear provisions, spirit and tenor of section 91 (9) of the Electoral Act 2010, the nomination, selection and submission of Buhari’s name to INEC as the Presidential Candidate of APC for the 2019 Presidential Election is illegal, unconstitutional, null and void and of no effect whatsoever. And “whether in view of questions 1 and 2 determined above, APC has a validly nominated Presidential Candidate for the 2019 Presidential Election.”

Upon determination of the legal questions, the plaintiff prayed the court for the following reliefs:

A declaration that having regard to the express provisions of Section 91 (9) of the Electoral Act 2010 (as amended), the expression of interest and nomination forms, purchased by a group named Nigerian Consolidation Ambassadors Network and donated to Buhari, and which he accepted, completed and submitted to INEC, the grounds upon which he became the sole President candidate of APC at the 6th and 7th October 2018 National Convention for election of Presidential candidate is invalid, unconstitutional, illegal, null and void and of no effects whatsoever.

“A declaration that having regard to the clear provisions, spirit and tenor of section 91 (9) of the Electoral Act 2010, the nomination, selection and submission of Buhari’s name to INEC as the Presidential Candidate of APC for the 2019 Presidential Election is illegal, unconstitutional, null and void and of no effect whatsoever.

“A declaration that APC has no legally and validly nominated presidential candidate for the 2019 presidential election, having regard to the clear provisions, spirit and tenor of section 91 (9) of the Electoral Act 2010, as well as, an order of perpetual injunction restraining the 5th defendant (INEC) from recognizing, accepting and listing the 1st defendant’s name in the 2019 presidential ballot paper on the grounds that Buhari’s nomination breached the clear provisions of the Section 91 (9) of the Electoral Act”.

In an affidavit that was attached in support of the Originating Summons, the plaintiff, told the court that Buhari had on September 10, accepted the presidential nomination and expression of interest forms of APC from a group, which donated the forms worth N45m to him to support his bid for re-election.

The further averred that Buhari, who is currently occupying the office of the presidency claims to be fighting corruption, and the N45m worth of forms may have been purchased with proceeds of corruption by the so called youths.

According to the suit, “That having regard to the clear provisions, spirit and tenor of section 91 (9) of the Electoral Act 2010, the nomination, selection and submission of the 1st Defendant’s name to the Independent National Electoral Commission as the Presidential Candidate of the 4th defendant for the 2019 Presidential Election is illegal, unconstitutional, null and void and of no effect whatsoever.

“That the All Progressives Congress (APC) has no legally and validly nominated presidential candidate for the 2019 Presidential ELECTION, having regard to the clear provisions, spirit and tenor of section 91 (9) of the Electoral Act 2010 (as amended).’’

The suit is yet to be assigned to any judge for hearing.