The Abuja Division of the Court of Appeal has struck out a suit seeking to annul President Muhammadu Buhari’s candidacy on academic grounds.
The court said the petition was carried outside the designated period for pre-election issues in a Friday judgment.
After entertaining appellants ‘ arguments on Wednesday, a three-member court panel headed by Justice AtinukeAkomolafe-Wilson had reserved judgement for Friday.
The applicants, Kalu Kalu, Labaran Ismail and Hassy Kyari el-Kuris, had approached the appeal court after their petition was dismissed by a Federal High Court on the basis that it was carried outside the time limit.
In an appeal judgment, read on behalf of the three-member panel by Mohammed Idris, the court agreed with the high court and struck out the motion.
“We have decided to settle on the preliminary objection. To determine the issue, we have to pay serious attention to when the cause of action arose.
“I have no doubt in my mind that the cause of action arose on October 18 when the documents said to be false that is the Curriculum Vitae and affidavit were submitted to INEC in form CF001,” the court ruled.
He then added that, based on section 285(9) of the 1999 Constitution, the case was brought later than the stipulated 14-day period when a pre-election matter should have been brought.
The court further ruled that even if the first portion of the request had been successful and the court decided that the matter had not been carried out of time, the specified period should have elapsed since May when such a pre-election matter had been determined.
Consequently, the court held that it could not grant itself any jurisdiction other than that provided to it by the constitution.
Mr Buhari’s academic qualification is also one of the basis for the petition lodged at the presidential election tribunal by Atiku Abubakar and the People’s Democratic Party (PDP).
Mr Abubakar was second in the February presidential election won by Mr Buhari.
However, the opposition candidate alleges, among others, that Mr Buhari lied on oath about his academic qualifications and that the election commission manipulated the outcome in favor of the president.
Mr Abubakar and the PDP are still pursuing their petitions in court.
