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Appeal Court dismisses suit challenging Buhari’s academic qualification

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The Court of Appeal in Abuja has rejected an appeal challenging President Muhammadu Buhari’s academic qualification to stand for the last presidential election.


Justice Mohammed Idris, in the lead judgment of a unanimous decision of a three-man panel, upheld an earlier judgment by a Federal High Court in Abuja, dismissing the suit on the grounds that it was statute-barred and robbed the court of jurisdiction to entertain the suit.


Justice Idris held that issues raised in the case have become statute-barred, the suit having not been filed at the trial court within the 14 days the cause of action arose as stipulated under section 285(9) of the Nigerian Constitution.


He noted that the cause of action did not arise on September 28, 2018 when Buhari emerged as a presidential candidate in the All Progressives Congress (APC) primary election, as held by the lower court.

Justice Idris said: “I have read the affidavit filed in support of the originating summons and found out that the crux of the complaints in this case by the appellant is the submission of information said to be false to the Independent National Electoral Commission in fulfilment of the condition to contest the presidential election.


Justice Idris added that from the plaintiff’s affidavit, the cause of action arose on October 18, 2018 when President Buhari submitted his Form CF001, curriculum vitae and a supporting affidavit to INEC as the APC’s presidential candidate.

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