13072019 - Buhari on new cabinet: I’ll never appoint ‘strangers’ again

SATURDAY VANGUARD, JULY 13, 2019 — 5
Educational qualification: A’Court explains why it can’t
determine <strong>Buhari</strong>’s eligibility
By Ikechukwu
Nnochiri
A
three-man panel
of Justices of the
Court of Appeal in Abuja,
on Friday, adduced
reasons why it could not
determine a suit that
challenged President
Muhammadu <strong>Buhari</strong>’s
eligibility to contest the
2019 presidential election.
The appellate court
panel, in a unanimous
decision, said it lacked
the jurisdiction to inquire
into the academic
qualification President
<strong>Buhari</strong> claimed in the
Form CF001 he submitted
to the Independent
National Electoral Commission,
INEC, for the
purpose of the February
23 presidential poll.
The court said it was
satisfied to allow the
Judgement of the Federal
High Court in Abuja,
which had on May 2,
dismissed the legal action
that three citizens,
Kalu Agu, Labaran Ismail
and Hassy El-
Kuris, filed to query
President <strong>Buhari</strong>’s educational
qualifications.
The appellants who
identified themselves as
electorates and tax payers,
had prayed the
court to invoke its original
jurisdiction to determine
whether or not
President <strong>Buhari</strong> supplied
false information
about his educational
qualification and certificates,
in the affidavit
and bio data he tendered
to INEC.
In the appeal marked
CA/A/436/2019, the litigants,
urged the court
to determine whether
the office of the Attorney
General of the Federation
and Minister of Justice,
was competent to
file processes to defend
their allegation that
President <strong>Buhari</strong> lied on
oath about his qualifications.
They prayed the appellate
court to not only
set-aside the verdict of
trial Justice Ahmed Mohammed
of the high
court that dismissed
their case, but go ahead
and hear all the substantive
legal issues they
raised against <strong>Buhari</strong> in
their suit No. FHC/ABJ/
CS/1310/2018.
Cited as respondents
in the matter were President
<strong>Buhari</strong>, the All
Progressives Congress,
APC, and INEC.
Delivering the lead
judgement on Friday,
Justice Mohammed Idris
held that the matter
had become statute
barred.
He held that the Originating
Summon was
Vice President, Prof. Yemi Osinbajo flanked by Governor Ifeanyi Okowa,
HRM Captain Timiyan, the Ebenanaowei of Ogulagha kingdom and others
as he commissions the 20.29km Ogulagha -Obotobo I, II, -Sokebolou- Yokri
road during his visit to Delta State yesterday. Photo: Akpokona Omafuaire
defective since the registry
of the high court failed
to transmit the record of
proceedings with the period
allowed by the
rules.
“Once the Originating
Summon is dead all the
other processes are also
dead as something cannot
be placed on nothing”,
Justice Idris held.
Aside upholding preliminary
objection the respondents
entered
against the suit, the
appellate court noted
that the appellants failed
to challenge information
President <strong>Buhari</strong> supplied
to INEC within 14
days as stipulated by section
285(9) of the 4th alteration
to the 1999 constitution.
The appellate court
held that going by affidavit
evidence before it,
the cause of action arose
on October 18, 2018,
when the said Form CF
001 was submitted to
INEC, and not on
September 28, 2018,
when the APC held its
primary election to
nominate President <strong>Buhari</strong>
as its candidate.
The court noted that
the litigants filed their
suit on November 5,
2018.
It held that delving
into the merit of the
case would amount to
an academic exercise
since the 180 days prescribed
for trial of such
case had elapsed.
The appellate court
held that the 180 days
within which it could
have been able to invoke
section 15 of its Act to
hear the matter on merit,
expired on May 4.
Justice Idris held that
both the appellate court
and the trial court had
lost jurisdiction to entertain
the matter.
“We are of the view
that the appeal lacks
merit. Judgement of
the trial court is hereby
affirmed”, he held.
Other appellate court
justices that concurred
with the lead judgement
were Justices Atinuke
Akomolafe-Wilson and
Emmanuel Agim.
The appellants had
among other things,
prayed the high 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 Candidate of the
2nd Defendant for the
office of President of the
Federal Republic of Nigeria
for the 2019 General
Elections.
As well as, “Whether
the 3rd Defendant ought
to have rejected the said
false information and
documents submitted by
the 2nd Defendant for
the 1st Defendant”.
Upon determination of
the questions, they
prayed the court to hold
that President <strong>Buhari</strong>
was ineligible to contest
the presidential election.
Suspected Fulani herdsmen kill Fasoranti’s daughter
By Dayo Johnson,
Akure
THE daughter of 93-
years-old Pa Reuben
Fasoranti, the national
leader of Pan Yoruba Socio-
Political group,
Afenifere, Mrs Funke
Olakunrin was yesterday
shot dead by suspected
Fulani herdsmen along
Benin/Ore expressway.
The 58-year-old woman
was said to be traveling
along Benin/Ore expressway
when she, along with
others, ran into a barricade
mounted by the suspected
Fulani herdsmen.
The herdsmen have
been terrorising motorists
along the Benin/ Ore
highway in recent times.
Saturday vanguard
gathered that the assailants
wanted to kidnap her
alongside other occupants
of the vehicle.
The suspected herdsmen
reportedly abducted
one of the occupants of the
vehicle.
The deceased was however
unlucky as she was
shot dead by the suspects.
Her corpse was said to
have been deposited at
the state Specialist Hospital
in Akure.
Olufunke is the second
child of Pa Fasoranti. The
elder statesman had also
*Late Mrs Funke Olakunrin
lost a daughter, Bunmi,
some years ago.
Saturday Vanguard
learnt that the deceased
was on her way to Ondo
town from Lagos to commensurate
with her mother’s
family members ( the
Awosikas) when she met
her untimely death.
Spokesperson of Ondo
Police Command, Femi
Joseph comfirmed the incident
but said the command
could not assertian
whether it was Fulani
herdsmen or armed robbers
that attacked the deceased
and other road
users.
He said: “Three vehicles
were attacked at Kajola
along Benin/Ore in
Odigbo Local Government
Area of Ondo State.
“There was a shootout
between the suspected
gunmen and the police
who tried to rescue the
victims along the road
notorious for accident
and kidnapping.
“The three vehicles
attacked by the assailants
included a Land
Cruiser jeep with Registration
number AAA
147 KM, one Toyota
Camry and one Young
Shall Grow bus.
“ The person in the
Land Cruiser jeep was
killed while eight persons
were abducted
from other vehicles.
Joseph however noted
that seven of the kidnapped
victims were
rescued by the police.
“ One Gerald Ibuoyikha
was kidnapped by
the suspected herdsmen.
The seven people who
were injured and rescued
are with the Police.
Speaking with Vanguard,
spokesman of
Afenifere, Mr Yinka
Odumakin said the action
of the suspected Fulani
herdsmen showed
they have declared war
on Yoruba land.
Odumakin said the
Yorubas will not take
this anymore and that
people should expect reactions
over the killing
of the daughter of their
Afenifere leader.
“The Fulani herdsmen
have shoot their AK 47
into the tiny rope that
tied Yoruba and Nigeria
together. We will not accept
this.
“This is one death too
many and a clear wecan-
take- it -no-more
death”, he said.
ONDO state government
last night condemned
the murder of
Mrs Olakunrin saying
that her killer must be
brought to book.
A statement by the lnformation
and Orientation
Commissioner,
Donald Ojogo said the
murder was unacceptable.
The statement reads
“The Ondo State Governor,
Rotimi Odunayo
Akeredolu, condemned
in strong terms, the murder
of Mrs Funke
Olakunrin, daughter of
Afenifere Leader, Pa Reuben
Fasoranti.
“This is one death too
many. It is unacceptable
and condemnable.
“ This sad development
once again, heightens
the level of fear that has
pervaded our Nation
even as it represents a
despicable commentary
in all ramifications
“ To say the least, it represents
an unenviable
turning point, the depth
of everything that is evil.
“On behalf of the State
Executive Council, the
Governor symphatizes
with our foremost leader
and indeed the people of
the State over this dastardly
act.”
The statement said “Already,
the Commissioner
of Police has been directed
to comb all forests
of Ondo State to bring to
book, these bloodthirsty
murderers.”
Meanwhile, a visit to
the residence of Pa Fasoranti
last night
showed that he was yet
to be informed of the incident.
Some leaders of the
Afenifere were seen milling
around at the ljapo
residence of their leader
at 8pm last night.