A Federal High Court, sitting in Osogbo, Osun state capital has
ordered the National Assembly to immediately commence impeachment
process against President Muhammadu Buhari, according to a report by Daily Post.
The report further revealed that the judge gave the order on
Wednesday, July 4, 2018 based on the suit filed by two Nigerians, Kanmi
Ajibola, a lawyer and Sulaiman Adeniyi, a human right activist, urging
the court to enforce the National Assembly to impeach President Buhari.
The duo had three months ago written to both the lower and the
upper chambers of the National Assembly on the need to impeach President
Buhari, citing alleged constitutional breaches by the president and
threatened that they will approach the court if they failed to act
accordingly.
But when the lawmakers refused, they headed for court and filed a
suit at the Federal High Court, Osogbo asking for an order of mandamus
to compel both the Senate and the House of Representatives to start the
impeachment proceedings of President Buhari.
In the suit filed on Tuesday, June 19, 2018, they hinged their
arguments on four grounds on why the National Assembly should impeach
the Buhari.
In the motion ex-parte, the duo claimed that in flagrant violation
of the 1999 constitution, President Buhari contested election, won and
was sworn in as the president on the 29th day of May 2015 without
possessing the basic constitutional requirement, which would have made
him qualified for the contest of the election.
They further alleged that the 4th respondent, which is President
Buhari in flagrant violation of section 137 (1) (j) of the 1999
constitution presented a forged certificate to the Independent National
Electoral Commission (INEC) for the purpose of the 2015 presidential
election that brought him to the office of the president
“In the light of the 4th Respondent’s placement to continue in
the office as the president, he has no certificate and basic requirement
upon which this placement to continue in the office can be placed.”
Besides, they accused the president of treating the orders of the
court with great disdain and abuses the constitution of the Federal
Republic of Nigeria at will, particularly from the angle of the
observance of the Federal character as contained in section 14 of the
constitution.
“The 4th Respondent on the 29th day of May 2015, took an oath
of office, among others, to the effect that, he would rule in accordance
to and protect the constitution of the Federal Republic of Nigeria,
particularly section 14 (2) (b) which stipulates that the security and
welfare of the people shall be the primary purpose of government.”
“In the contrary, the 4th Respondent has proved to be unable to
guarantee the security of lives and properties of the citizens of the
Federal Republic of Nigeria in fulfilment of his oath of Office. The
herdsmen killings of the innocent citizens under the 4th Respondent have
been uncountable, unbearable and unprecedented overheating figures in
the globe.
“The 4th Respondent in contravention of the due process and
sections 80 and 81 of the 1999 constitution spent about $496 Million on
the purchase of Tucano Jets without the approval of the National
Assembly of the Federal Republic of Nigeria as required by the law.
“The 4th Respondent ordered to be withdrawn, money from the
public fund of the Federation without the approval of the National
Assembly or the authorization of its act and same used for the purchase
of Tucano Jets.
“The 4th Respondent has committed several impeachable offences, that is, gross misconduct.
“By the provision of section 143 of the 1999 constitution, the
1st to 3rd Respondents (The Senate President, the Speaker of the House
of Representatives and the National Assembly) have the statutory duty to
impeach the 4th Respondent as the president and Commander in – Chief of
Armed Forces of the Federal Republic of Nigeria on gross misconduct.
“The 1st to 3rd Respondents have closed their eyes to the gross misconduct of the 4th Respondent.”
They told the court that as applicants in the matter, they have the
right and duty to compel the 1st and 3rd Respondents to perform their
statutory duty of impeachment against the 4th Respondent, having
bothered on the constitution of the Federal Republic of Nigeria.
Citing several constitutional authorities in the written address in
support of the motion ex-parte and with 44-paragraph affidavits, the
duo posed some questions by putting Nigeria side by side with some
developed nations.
“Can the conduct of the 4th Respondent, particularly on the
presentation of a forged certificate, be condone in America or Great
Britain unchecked?
“Can the 4th Respondent continue to benefits from his act of forgery and infraction of constitution?
“Definitely, an American president cannot be genuinely accused
of presentation of a forged certificate and still be allowed to continue
as the president, likewise the prime minister of the Great Britain”, they noted.
Barrister Ajibola urged the court that with all array of documents
before the court, he was of the view that the National Assembly must
perform its constitutional duties without fear or favour.
Justice Onyetenu in her ruling granted the application and ordered “that the National Assembly being the 1st, 2nd and 3rd respondents commence the impeachment of President Muhammadu Buhari”.