The Supreme Court, on Monday , struck out an appeal seeking the disqualification of President Muhammadu Buhari as a candidate in the last presidential election .
The case was anchored on the
allegation that Buhari submitted false information regarding his academic qualification and certificate to the Independent National Electoral Commission as a candidate in the February 23 , 2019 poll .
A five -man panel of the apex court led by Justice Mary Peter- Odili struck out the case after the appeal was withdrawn by the appellants’ lawyer , Ukpai Ukairo, on Monday .
The apex court noted that the suit was statute -barred , affirming the earlier decisions of both the Court of Appeal and the Federal High Court.
But before striking out the suit , the court criticised the appearance of Abdullahi Abubakar, a lawyer from the Federal Ministry of Justice , for Buhari.
The members of the panel likened Abubakar’ s appearance for Buhari in the President ’ s private capacity to using public office to defend a private suit .
A member of the apex court’ s five -man panel , Justice Dattijo Muhammad , recalled that a former United States of America ’s President , Bill Clinton , had to engage private lawyers for his defence in the various private cases involving him while in office.
Speaking on the matter in her lead judgment , Peter -Odili said, “ 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 ( retd ) in his personal capacity .
“ This practice must be discouraged She went on to dismiss the appeal following its withdrawal by the appellants ’ counsel .
Three appellants were Kalu Kalu Agu , Labaran Ismail, Hassy Jyari El – Kunis , who had filed 12 grounds notice of appeal before the Supreme Court to challenge the July 12 , 2019 judgment of the Court of Appeal .
The three appellants accused Buhari of falsely claiming to possess a school certificate which he never had The People Democratic Party and its presidential candidate , Alhaji Atiku Abubakar, also raised similar issue of Buhari allegedly lying about his academic certificates in their petition before the Presidential Election Petition Tribunal .
The three appellants had , on their part , commenced their case before the Federal High Court in Abuja in 2018 .
Justice Ahmed Mohammed of the Federal High Court in Abuja, in his judgment delivered on May 2 , 2019 struck out the suit for being statute -barred .
A three -man panel of the Court of Appeal led by Justice Tinuade Akomolafe – Wilson , in a unanimous judgment delivered on July 12 , 2019 , affirmed the the Federal High Court ’s verdict dismissing the suit on the grounds that it was statute -barred and robbed the court of jurisdiction to hear it on merit .
Delivering the lead judgment of the Court of Appeal , Justice Mohammed Idris held that matter had become statute -barred having not been filed within the 14 days period which the cause of action arose, as stipulated under section 285 ( 9 ) of the Nigerian Constitution.
The appellants , through their counsel , Ukpai Ukairo, on July 24 , 2019 , filed a 12 -ground notice of appeal before the Supreme Court , urging the apex court to set aside the verdicts of both the Federal High Court and the Court of Appeal .
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