Another Suit Seeks Court Order To Declaring PMB Incapacitated

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BY AMOS DUNIA, ABUJA – Attention may have shifted to the judiciary over the health and capacity of President Muhammadu Buhari to continue in office.

This followed the law suits that are being filed in courts purposely to challenge the fitness of President Buhari, who has been out of the country for about 73 days now.

One of the suits with reference number FHC/ABJ/CS/671/2017, which was filed before a Federal High Court sitting in Abuja, is requesting for a compelling order on the Federal Executive Council (FEC) to declare ailing President Buhari as unfit to continue to hold the office of thepresident.

The suit specifically filed by a group on the aegis of ‘Kingdom Human Rights Foundation’ is praying the court to declare President Buhari as incapable of discharging the functions of his office as president.

Joined in the suit as Defendants are the Acting President, Prof. Yemi Osinbajo SAN, ‎the Federal Executive Council, the Attorney General of the Federation, Abubakar Malami, SAN, and the National Assembly.

The plaintiff also filed an ex-parte motion, urging the court to declare that the Federal Executive Council has failed to perform its constitutional duty for refusing, failing, and neglecting to pass a resolution declaring the President Buhari, who has been away for more than 60 days on medical vacation since the assumption of office as the President in 2015 incapable of discharging the functions of office.

The Plaintiff said in view of section 144 (1) (a) and (b) of the 1999 constitution of the Federal Republic of Nigeria 1999 (as amended), he wants a declaration of the court that in the circumstances of the Federal Executive Council 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 accordance with Section 144 (4) of the 1999 constitution of the Federal Republic of Nigeria (as amended).

Accordingly, the plaintiff submitted three issues for determination by the court vis-a-viz “Whether or not the Federal Executive Council has failed to perform its constitutional duty by refusing, failing and neglecting to pass a resolution to declare President Buhari, who has been on medical vacation, the third since he assumed office as the President in 2015 as incapable of discharging the functions of his office.

“Whether or not in the circumstances of President Buhari’s ill health which has kept him away on medical vacation for more than three months, if the president is suffering from such infirmity of body and mind that has rendered him permanently incapable of discharging the functions of his office.

And “Whether or not in the circumstances of the Federal Executive Council not passing a resolution declaring the President incapable of discharging the functions of his office, the President of the Senate 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 President Buhari has become permanently incapable to discharge the functions of his office.

The plaintiff asked the court for an order of Mandamus to compel the Federal Executive Council to without any further delay perform its constitutional duty by passing a resolution declaring President Buhari incapable of discharging the functions of office taking into consideration of Section 144 (1) (a) and (b) of the 1999 Constitution of the Federal Republic of Nigeria 1999 (as amended).

The plaintiff also sought the court’s approval for an order of Mandamus to compel the President of the Senate to go ahead and constitute a medical panel to examine the health condition of President 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 accordance with section 144 (4) of the 1999 constitution of the federal republic of Nigeria (as amended).

Last month a United States based Nigerian, Toyin Dawodu had filed a suit with number FHC/ABJ/CS/508/2017, urging the court to compel the President of the Senate to constitute a medical panel on President Buhari’s health status.

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