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21 Jul 2017

Fresh suit wants FEC to declare Buhari unfit

Another suit has been filed before the Federal High Court in Abuja asking for an order compelling the Federal Executive Council to declare ailing President Muhammadu Buhari as unfit to continue to hold office and another mandating the National Assembly to constitute a medical panel to verify the President’s fitness.

The suit marked FHC/ABJ/CS/671/2017, was filed on Thursday by the incorporated trustees of a civil society group, Kingdom Human Rights Foundation International.

Joined as respondents to the suit are the Acting President Yemi Osinbajo, the Executive Council of the Federation (otherwise known as the Federal Executive Council), the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), and the National Assembly.

Barely three weeks ago, a Nigerian based in the United States of America, Mr. Toyin Dawodu, filed the suit, marked FHC/ABJ/CS/508/2017, on June 28, asking the court to compel Saraki to constitute the medical panel on Buhari’s health status.

But Kingdom Human Rights Foundation International, on Thursday, filed an ex parte application to  seek a mandatory leave (permission) of the court to commence the main action under the judicial  review procedure of the Federal High Court.

If granted the leave to commence the suit, the plaintiff, by virtue of the adopted procedure, will be seeking a judicial review of whether or not the four respondents to the suit – Osinbajo, the EFC, the AGF, and the National Assembly, had failed to perform their constitutional mandate and obligation under section 144(1)(a) and (b) of the 1999 Constitution in relation to Buhari’s health status.

They will be seeking an order of mandamus compelling the Executive Council of the Federation to pass the resolution declaring Buhari “incapable of discharging the functions of his office.”

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