In a ruling on an ex-parte
motion brought by a civil society organisation, the Incorporated
Trustees of Advocacy for Societal Rights Advancement and Development
Initiative, Justice Mohammed described the application as "self-induced
urgency", owing to the plaintiff's failure to challenge Buhari's
emergence as president-elect after two months of the presidential
election.
He said: "In law, an ex-parte application seeking an
order of injunction presupposes the existence of a real case of urgency
not self-induced urgency.
"Motion ex-parte dated and filed on 26 of May, is a clear case of self-induced urgency.
"This
court is therefore of the view that the plaintiff applicant's motion
dated and filed on May 26 is devoid of any merit and the same is
accordingly dismissed", Justice Mohammed declared.
He adjourned the suit till June 26 for further mention.
The court also ordered the applicant to serve all originating processes and hearing notice on the defendants.
It
will be recalled that the applicant, the Incorporated Trustees of
Advocacy for Societal Rights Advancement and Development Initiative had
applied to the Federal High Court in Abuja to stop the Chief Justice of
Nigeria, Justice Mahmud Mohammed from swearing the president-elect,
Muhammadu Buhari as president on May 29.
In a suit filed by its
lawyer, Mr Philip Ekpo, the group said that Buhari did not meet the
qualification enshrined in the 1999 Constitution and the Electoral Act
to have contested the position of the president of Nigeria at the 2015
general elections.
Even though Thursday's application was
ex-parte, Chief Lateef Fagbemi , SAN leading two other Senior Advocates
of Nigeria, Chief Akin Olujimi and Kola Awodein announced memorandum of
conditional appearance for Mohammadu Buhari.
Thursday, May 28, 2015
Court Dismisses Application To Stop Buhari's Inauguration
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