A group under the aegis of Kingdom Human Rights Foundation, on Thursday, approached the Federal High Court in Abuja for an order declaring President Muhammadu Buhari as permanently incapable of discharging the functions of his office.
Cited as defendants in the suit marked FHC/ABJ/CS/671/2017, were the Acting President, Prof. Yemi Osinbajo, the Executive Council of the Federation, the Attorney General of the Federation, Abubakar Malami, SAN, and the National Assembly.
Specifically, the plaintiff, which equally filed an ex-parte motion, is praying the court to declare, “That the Executive Council of the Federation has failed to perform its constitutional duty by failing, refusing and neglecting to pass a resolution declaring the President of the Federal Republic of Nigeria, Muhammadu Buhari, who has been away for more than 60 days on third medical vacation since the assumption of office as the President in 2015 incapable of discharging the functions of office; in view of section 144 (1) (a) and (b) of the 1999 constitution of the Federal Republic of Nigeria 1999 (as amended)”.
It also wants a declaration of the court that “in the circumstances of the Executive Council of the Federation not passing a resolution declaring the President incapable of discharging the functions of his office, the Senate President should go ahead to constitute a medical panel to examine the health condition of the President, to determine if the President is suffering from infirmity of body and mind, and whether the President has become permanently incapable to discharge the functions of his office; in view of section 144 (4) of the 1999 constitution of the federal republic of Nigeria (as amended)”.
The plaintiff submitted three issues for determination by the court. The issues are; “Whether or not the Executive Council of the Federation has failed to perform its constitutional duty by failing, refusing and neglecting to pass a resolution declaring the President of the Federal Republic of Nigeria, Muhammadu Buhari who has been on third medical vacation since the assumption of office as the President in 2015 as incapable of discharging the functions of office; in view of section 144 (1) (a) and (b) of the 1999 Constitution of the Federal Republic of Nigeria 1999 (as amended).
“Whether or not in the circumstances of President Muhammadu Buhari’s ill health which has kept him away on medical vacation for more than three months, the President, Muhhammadu Buhari is suffering from such infirmity of body and mind that has rendered him permanently incapable of discharging the functions of his office; in view of section 144 (2) and (3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
As well as, “Whether or not in the circumstances of the Executive Council of the Federation not passing a resolution declaring the President incapable of discharging the functions of his office, the Senate President should not go ahead to constitute a medical panel to examine the health condition of the President, to determine if the President is suffering from infirmity of body and mind, and whether the President has become permanently incapable to discharge the functions of his office; in view of section 144 (4) of the 1999 constitution of the federal republic of Nigeria (as amended)”.
According to the plaintiff, the court should upon answering the questions posed before it, issue, “An order of Mandamus compelling the Executive Council of the Federation to immediately and without any further delay perform its constitutional duty by passing a resolution declaring the President of the Federal Republic of Nigeria, Muhammadu Buhari, who has been away for more than 6o days on third medical vacation since the assumption of office as the President in 2015 incapable of discharging the functions of office; in view of section 144 (1) (a) and (b) of the 1999 Constitution of the Federal Republic of Nigeria 1999 (as amended).
Likewise, “An order of Mandamus compelling the Senate President of the Federal Republic of Nigeria to go ahead and constitute a medical panel to examine the health condition of the President Muhammadu Buhari to determine if the President is suffering from infirmity of body and mind and to determine whether the President has become permanently incapable to discharge the functions of his office; in view of section 144 (4) of the 1999 constitution of the federal republic of Nigeria (as amended)”.
It will be recalled that a United States of America-based Nigerian, Mr. Toyin Dawodu, had on June 28, filed a similar suit before the high court. Dawodu, in his suit marked FHC/ABJ/CS/508/2017, sought for a court order compelling the Senate President, Saraki, to appoint a medical panel to determine the health status of President Buhari. The ongoing Chief Judge of the Federal High Court, Justice Ibrahim Auta has already assigned the first case to his likely successor in office, Justice Abdukadir Abdu-Kafarati for determination.
