The Appeal Court in Abuja on Friday struck out an appeal challenging the academic qualification of President Muhammadu Buhari to contest the last presidential election.
Justice Justice Mohammed Idris, who read the judgment unanimously adopted the earlier verdict of the Federal High Court in Abuja which had struck out the suit on the grounds that it was statute-barred and robbed the court of jurisdiction to entertain the suit.
According to Idris, the matter had become statute barred, as it was not filed within the 14 days the cause of action arose as stipulated under section 285(9) of the Nigerian Constitution.
In a judgment on the appeal, read by Mohammed Idris on behalf of the three-member panel, the court agreed with the high court and struck out the motion.
“We have decided to settle on the preliminary objection. To determine the issue, we have to pay serious attention to when the cause of action arose.
“I have no doubt in my mind that the cause of action arose on October 18 when the documents said to be false that is the Curriculum Vitae and affidavit was submitted to INEC in form CF001,” the court ruled.
The judge said the cause of action arose on October 18, 2018, when Buhari submitted his Form CF001, curriculum vitae and a supporting affidavit to the Independent National Electoral Commission after he emerged as the All Progressives Congress presidential candidate in the party’s earlier primary election.
Idris added that the appellants challenging the earlier judgment of the Federal High Court only filed their suit before the said lower court on November 5, 2018, which was outside the 14 days period from October 18, 2018.