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.”
“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4th Respondent ordered to be withdrawn, money from the public fund of the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.
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”. Further
hearing on the matter has been fixed for October 30, 2018.
Source
– DailyPost
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