Yinka kolawole in Osogbo
Two Nigerian pro-democracy activists have dragged President Muhammadu Buhari and the National Assembly to court, urging the court to order the lawmakers to commence the impeachment of the president with immediate effect.
The duo of Kanmi Ajibola and Sulaiman Adeniyi had recently 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 would approach the court on the matter if the lawmakers failed to do so.
The Osun State-based activists 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 against President Buhari.
In the suit filed on Tuesday, they hinged their arguments on four grounds.
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 May 29, 2015 without possessing the basic constitutional requirements, which would have made him qualified to contest 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
â€œIn the light of the 4th Respondentâ€™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.â€
They also accused the president of treating the order of the court with a great disdain.
They also accused him of abusing the Federal Character principle as contained in Section 14 of the constitution.
â€œThe 4th Respondent on May 29, 2015, took an oath of office, among others, to the effect that, he would rule in accordance to and protect the constitution of the Federal Republic of Nigeria, particularly section 14 (2) (b) which stipulates that the security and welfare of the people shall be the primary purpose of government.â€
â€œIn 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 fulfillment 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.
â€œThe 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.
â€œThe 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.
â€œThe 4th Respondent has committed several impeachable offences, that is, gross misconduct,â€ the activists said.