Court Orders National Assembly To Begin Impeachment Process Against Buhari

A Federal High Court, sitting in Osogbo, Osun state, has ordered both the Senate and the House of Representatives to begin impeachment proceedings of President Muhammadu Buhari.

The court gave the order following a suit filed by Kanmi Ajibola, a lawyer and Sulaiman Adeniyi, a human right activist.

The duo had earlier written to the National Assembly requesting for the President’s impeachment on alleged violation of the 1999 constitution.

But following the failure of the National Assembly to take any action, they approached the court.

In the motion ex-parte, the duo claimed that President Buhari contested election, won and was sworn in as Nigeria’s president without possessing the basic constitutional requirement, which would have made him qualified for the contest of the election.

They further alleged that the President, who is the 4th respondent, 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.

According to them, the President’s actions are in flagrant violation of the 1999 constitution.

The motion reads: “In the light of the 4th Respondent’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.

“The 4th Respondent on the 29th day of May 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.

“In 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 fulfilment 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.

“The 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.

“The 4th Respondent ordered to be withdrawn, money from the public fund of the Federation without the approval of the National Assembly or the authorization of its act and same used for the purchase of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.

“The 4th Respondent has committed several impeachable offences, that is, gross misconduct.

“By the provision of section 143 of the 1999 constitution, the 1st to 3rd Respondents (The Senate President, the Speaker of the House of Representatives and the National Assembly) have the statutory duty to impeach the 4th Respondent as the president and Commander in – Chief of Armed Forces of the Federal Republic of Nigeria on gross misconduct.

“The 1st to 3rd Respondents have closed their eyes to the gross misconduct of the 4th Respondent.

“Can the conduct of the 4th Respondent, particularly on the presentation of a forged certificate, be condone in America or Great Britain unchecked?

“Can the 4th Respondent continue to benefits from his act of forgery and infraction of constitution?

“Definitely, an American president cannot genuinely be accused of presentation of a forged certificate and still be allowed to continue as the president, likewise the prime minister of the Great Britain.”

Citing the 1999 constitution, they told the court that as applicants in the matter, they have the right and duty to compel the 1st and 3rd Respondents to perform their statutory duty of impeachment against the 4th Respondent.

After listening to the applicants, Justice Onyetenu, ordered “that the National Assembly being the 1st, 2nd and 3rd respondents commence the impeachment of President Muhammadu Buhari”.