The Abuja Division of the Court of Appeal on Friday dismissed an appeal challenging the eligibility of President Muhammadu Buhari to contest in 2019 presidential election.
A three-man panel of the court led by Justice Tinuade Akomolafe-Wilson in a unanimous judgment affirmed the earlier verdict of the Federal High Court in Abuja which had dismissed the suit on the grounds that it was statute-barred and robbed the court of jurisdiction to entertain the suit.
Delivering the judgment of the Court of Appeal on Friday, Justice Mohammed Idris, held that matter had become statute barred, having not been filed within the 14 days the cause of action arose as stipulated under section 285(9) of the Nigerian Constitution.
He held that 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.
He noted 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.
The appeal was filed by three Nigerians – Kalu Kalu Agu, Labaran Ismail, Hassy Jyari El-Kunis.
