Group sues Buhari over delay in declaring for 2019

A group, the Democratic Youth Congress (DYC), has filed a legal action against President Muhammadu Buhari before a Federal High Court in Abuja over the President’s delay in declaring his intentions to run for the 2019 presidential election.

The plaintiffs (Hon. Kassim Kassim and National Executive Council of DYC), named the Attorney General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami, SAN, and the All Progressives Congress (APC) as co-defendants to the suit.

In the suit filed and dated February 26, 2018, the plaintiffs are seeking for the interpretation of Section 131 (a), (b), (c) and (d), and Sections 137 (1) and (2) of the 1999 Constitution (as amended).

The plaintiffs are also asking the court to determine whether upon the provisions of the foregoing sections of the Constitution, President Buhari would be deprived or subjected to any person or association from contesting the 2019 presidential election.

The plaintiffs are further seeking for the following declarations: “Whether Buhari (the first defendants) after compliance with the 1999 constitutional provision, the Electoral Act and the guidelines to the extent of winning the 2015 presidential election as the president of the Federal Republic of Nigeria, need other further qualification to contest the 2019 presidential election.

“Whether Buhari , despite the various call, including the applicants (plantiffs)’ ultimatum dated 15 February 2018, will remain mute, without making a public declaration to contest the presidential election of 2019.”

The court is further urged to declare that Buhari is legally and constitutionally empowered to contest the 2019 presidential election into the office of the President of Nigeria pursuant to Sections 131 and 137 of the 1999 Constitution.

The plaintiffs are seeking an order of the court directing Buhari to declare his intention to vie for the presidential election.

“An order of court directing and or mandating the the 1st defendant (Buhari) to answer the clarion call by the plaintiffs to contest the presidential election of 2019 to the office of the President of the Federal Republic of Nigeria.”

In a 24 paragraph affidavit deposed to by a member of the Nasarawa State House of Assembly Kassim Kassim who is also a plaintiff in the suit and the National Chairman of DYC, the plaintiffs averred that they are a pressure group who have been campaigning and mobilising Nigerians to support President Buhari’s re-election bid.

Moreso, the plaintiffs submitted that they mobilised a one million-man march in Abuja on 15 February 15, 2018 in Abuja to show solidarity to Buhari, with the clarion call on him to declare his intention to contest the presidential election in 2019.

Highlighting Buhari’s achievements in the fight against corruption, taking the country out of recession and infrastructural development, the plaintiffs urged the court to hold that the constitution does not give former President Olusegun Obasanjo the right to interfere with Buhari’s right to seek re-election.

No date has been fixed for the hearing of the suit.