The Supreme Court on Monday dismissed the suit seeking the disqualification of President Muhammadu Buhari from the 2019 presidential poll over alleged act of perjury.
At the resumed hearing yesterday, before proceedings, the apex court had requested to know from the appellants their thought on the suit, asking if the suit was statute barred or no.
The appeallants’ counsel, Ukpai Ukairo, following hints of the five man panel of justices led by Justice Mary Peter Odili that it was pointless going ahead with the matter having been cut up by the Fourth Alteration to the 1999 constitution, sought for withdrawal of the case.
The appeallants, including a legal practitioner, Kalu Kalu and two others, Labaran Ismail and Hassy El-Kuris, had approached the apex to set aside the decision of the Court of Appeal which had earlier dismissed the suit on grounds of being statute barred.
Though the lawyer advanced several reasons to convince the court that it was not statute barred, the justices however drew his attention to Buhari’s form CF001 which was the bone of contention and which was received by INEC on October 14, whereas the case was instituted in the middle of November thereby indicating that the suit being a pre-election matter was filed outside the 14 days provided by the law.
Following the hint, the appeallant’s counsel subsequently withdrew the action and the suit was struck out without cost in the unanimous judgment delivered by Justice Odili.
The Supreme Court however frowned at the appearance of a Principal State Counsel from Federal Ministry of Justice, Abdullahi Abubakar for president Buhari in a personal litigation.
The Supreme Court held that the action of the lawyer contravenes the Provisions of the code if conduct for public officers.
The panel cited the case of former American President Bill Clinton, who theoughout his tenure never engage in using public funds to run personal litigation, adding that same must be applicable to Nigeria since the country is copying the American system of government.
Abubakar had announced his appearance for the first respondent (General Muhammadu Buhari (Rtd) in the suit.
They warned him to desist from such act of using public office to defend a private litigation.
“Clinton in his numerous private litigation, he never used government organs but rather personally sponsored all his private cases,”.
Odili in her judgmen held: ” The court notes the inappropriate appearance of Mr Abdullahi Abubakar state counsel from the Federal Ministry of Justice, representing the first respondent Gen. Muhammad Buhari Rtd in his personal capacity.
“This practice must be discouraged, appeal haven been withdrawn is hereby dismissed,”” Odili said.
The appellants grievances had arisen from the dismissal of their suit at the Court of Appeal in Abuja, on grounds that it was statute barred and as such could not be heard.
They had approached the apex court to nullify the candidacy of President Buhari in the just concluded presidential poll over allegations of perjury.
The appellants specifically wanted Buhari’s nomination and subsequent victory at the February 23 presidential election nullified on the grounds that President Buhari lied on oath in his form 001 that he submitted to INEC for the purpose of clearance for the presidential election.
They asked the apex court for an Order to set aside the judgment of the court of appeal and hear the matter on merit and grant the reliefs sought in the Originating Summons.
Felix Omohomhion, Abuja
