The Supreme Court on Monday struck out the suit seeking the disqualification of President Muhammadu Buhari in the 2019 presidential election over alleged perjury.Delivering judgment, the Justice Mary Odili-led panel of five justices held that the case was statute barred and therefore dismissed.
He warned that his actions contravene the Code of Conduct for public servants, which have consequences. The appellants specifically wanted Buhari’s nomination and subsequent victory at the Feb. 23 presidential election nullified on the grounds that President Buhari lied on oath in his form 001 that he submitted to INEC for the purpose of clearance for the presidential election.
The Court of Appeal in a unanimous judgment delivered by Justice Mohammed Idris, had on July 12, held that the singular fact that the suit was filed outside the 14 days provided by the law robbed the court of jurisdiction to entertain it. “The Learned Justices of the Court of Appeal erred in law and breached the right of the appellants to fair hearing by relying on a preliminary objection, withdrawn by the 2nd Respondent and struck out by the Court, thus being a case not made out or relied upon or abandoned by a party in entering a decision in a judgment.
. Whether the Learned Trial Judge was right in holding that the suit was statute-barred by computing the number of days from Sept. 28, 2018 when the 2nd Respondent held its primary election wherein the 1st Respondent was elected as a candidate of the 2nd Respondent?
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