A group under the aegis of
Kingdom Human Rights Foundation,
on Thursday, approached the Federal
High Court in Abuja for an order
declaring President Muhammadu
Buhari as permanently incapable of
discharging the functions of his
office.
Cited as defendants in the suit
marked FHC/ABJ/CS/671/2017, were the Acting President, Prof. Yemi
Osinbajo, the Executive Council of the
Federation, the Attorney General of
the Federation, Abubakar Malami,
SAN, and the National Assembly.
Specifically, the plaintiff, which
equally filed an ex-parte motion, is
praying the court to declare, “That the
Executive Council of the Federation
has failed to perform its constitutional duty by failing, refusing and neglecting to pass a resolution
declaring the President of the Federal
Republic of Nigeria, Muhammadu
Buhari who has been away for more
than 60 days on third medical
vacation since the assumption of
office as the President in 2015
incapable of discharging the
functions of office; in view of section
144 (1) (a) and (b) of the 1999
constitution of the Federal Republic of Nigeria 1999 (as amended)”.
It also wants a declaration of the
court that “in the circumstances of
the Executive Council of the
Federation not passing a resolution
declaring the President incapable of
discharging the functions of his
office, the Senate President should
not go ahead to constitute a medical
panel to examine the health condition
of the President, to determine if the
President is suffering from infirmity
of body and mind, and whether the
President has become permanently
incapable to discharge the functions
of his office; in view of section 144 (4) of the 1999 constitution of the federal republic of Nigeria (as amended)”.
The plaintiff submitted three issues
for determination by the court.
The issues are; “Whether or not the
Executive Council of the Federation
has failed to perform its constitutional duty by failing, refusing and neglecting to pass a resolution
declaring the President of the Federal
Republic of Nigeria, Muhammadu
Buhari who has been on third medical
vacation since the assumption of
office as the President in 2015 as
incapable of discharging the
functions of office; in view of section
144 (1) (a) and (b) of the 1999
Constitution of the Federal Republic of Nigeria 1999 (as amended).
“Whether or not in the circumstances
of President Muhammadu Buhari’s, ill
health which has kept him away on
medical vacation for more than three
months, the President, Muhhammadu
Buhari is suffering from such
infirmity of body and mind that has
rendered him permanently incapable
of discharging the functions of his
office; in view of section 144 (2) and
(3) of the 1999 Constitution of the
Federal Republic of Nigeria (as
amended).
As well as, “Whether or not in the
circumstances of the Executive
Council of the Federation not passing
a resolution declaring the President
incapable of discharging the
functions of his office, the Senate
President should not go ahead to
constitute a medical panel to examine the health condition of the President, to determine if the President is suffering from infirmity of body and mind, and whether the President has become permanently incapable to discharge the functions of his office;
in view of section 144 (4) of the 1999
constitution of the federal republic of
Nigeria (as amended)”.
According to the plaintiff, the court
should upon answering the questions
posed before it, issue, “An order of
Mandamus compelling the Executive
Council of the Federation to
immediately and without any further
delay perform its constitutional duty
by passing a resolution declaring the
President of the Federal Republic of
Nigeria, Muhammadu Buhari who has
been away for more than 6o days on
third medical vacation since the
assumption of office as the President
in 2015 incapable of discharging the
functions of office; in view of section
144 (1) (a) and (b) of the 1999
Constitution of the Federal Republic of
Nigeria 1999 (as amended).
Likewise, “An order of Mandamus
compelling the Senate President of
the Federal Republic of Nigeria to go
ahead and constitute a medical panel
to examine the health condition of the
President Muhammadu Buhari to
determine if the President is
suffering from infirmity of body and
mind and to determine whether the
President has become permanently
incapable to discharge the functions
of his office; in view of section 144 (4)
of the 1999 constitution of the federal
republic of Nigeria (as amended)”.
It will be recalled that a United States
of America-based Nigerian, Mr. Toyin
Dawodu, had on June 28, filed a
similar suit before the high court.
Dawodu, in his suit marked FHC/ABJ/
CS/508/2017, sought for a court order
compelling the Senate President,
Saraki, to appoint a medical panel to
determine the health status of
President Buhari.
The ongoing Chief Judge of the
Federal High Court, Justice Ibrahim
Auta has already assigned the first
case to his likely successor in office,
Justice Abdukadir Abdu-Kafarati for
determination.
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