A lawyer and medical
practitioner, John Larry Ojukoko Esq. and Dr. Ejiro Imuere, have approached a
Federal High Court sitting in Warri, Delta State, seeking an order of mandamus
compelling the Senate President and Speaker, House of Representatives, to set
up a medical panel to examine the medical fitness of ailing President Muhammadu
Buhari and remove him if he can no longer continue.
Joined in the suit are the Acting
President, Prof Yemi Osinbajo, SAN, and Attorney General of the Federation.
Specifically, the plaintiffs want
the court to determine the following:
“Whether or not by the combined
effect of sections 144 (1) and (2) of the 1999 constitution of the Federal
Republic of Nigeria as amended, impose a duty on the 2nd, 3rd and 4th
defendants to verify the medical fitness of the president of the Federal
Republic of Nigeria where exist a clear evidence that the president of the
Federal Republic of Nigeria over a period of time is incapable of performing
his constitutional duty due to ill health.
“Whether or not by the combined
effect of the provisions of section 14 (2) (b), section 143 (1), (2) (11) of
the 1999 constitution of the Federal Republic of Nigeria as amended vis a vis
the incessant killings and wanton destruction of properties by group identified
as herdsmen with no visible and decisive move to end same by the 1st defendant
amount to “gross misconduct on the part of 1st defendant.
“Whether the May 2017 recruitment
of 479 cadet officers by the Department of State Service (DSS) of which 331
(Three Hundred and Thirty One ) are from the 3 Northern Geographical Zone of
North West, North East and North Central with Katsina State having 51 cadet
officers, while the 3 South Geographical Zone of West, East and South admitted
143 cadet officers with Lagos having 7 cadet office, contravened section 14(3)
of the 1999 constitution of the Federal Republic of Nigeria as amended thereby
amount to “gross misconduct” on the part of the 1st Defendant as defined in
Section 143 (ii) of the 1999 constitution as amended.”
Upon the determination of the
above three questions, the plaintiffs’ claim against the defendants jointly
and/or severally are as follows:
“A Declaration that the combined
effect of sections 144 (1) and (2) of the 1999 constitution of the Federal
Republic of Nigeria as amended, impose a duty on the 2nd, 3rd and 4th
Defendants to verify the medical state of the 1st Defendant to ascertain
whether he is capable of performing his constitutional duty as President of the
Federal Republic of Nigeria.
“A Declaration that by virtue of
Section 14 (2) (b) of 1999 Constitution as amended, the 1st Defendant is duty
bound to put an end to the incessant killing and wanton destruction of
properties across Nigeria by the group known as herdsmen.
“A Declaration that lopsided recruitment
of 479 cadet officers into the Department of State Service contravenes Section
14(3) of the 1999 Constitution as amended.
“A Declaration that, the non
-adherence to Sections 14 (2) (b) and (3) of the 1999 Constitution as amended
the 1st Defendant, has failed in his constitutional duties and his oaths of
allegiance.
“An Order of Mandamus compelling
the 2nd and 3rd defendants to set up a medical panel to examine the medical
fitness of 1st defendant to discharge the function of the office of President.
“An Order of Mandamus compelling
the National Assembly to set in motion the provision of Section 143 of the 1999
Constitution.
No date has been fixed for
hearing of the suit.
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About time someone stood up to this gross negligence on the part of the presidency. A lot has been uncovered since this suit was filed.
ReplyDeleteI don't blame the north,i blame the mumu yoruba man wey dey answer acting president,we are not one Nigeria, it's boldy written and clearly defined, the president if he is still alive has lost his memory and can no longer perform, then why can't we change him, a group of individuals holding naija to ransome.....there is God ohhhhhhh
ReplyDeleteThey are waisting their time and money and they cannot and will never get what they want in the court.
ReplyDeleteTime shall tell. God has interest in Nigeria and only his will shall prevail. No one should give himself sleepless night over leadership issue in Nigeria.
ReplyDelete