Justice Maurine Adaobi Onyetenu gave the order on Wednesday, July 4, 2018, based on the suit filed by two Nigerians – a lawyer, Kanmi Ajibola and a human right activist, Sulaiman Adeniyi urging the court to enforce the National Assembly to impeach President Buhari.
The duo had three months ago written to both the lower and the upper chambers of the National Assembly on the need to impeach President Buhari, citing alleged constitutional breaches by the President and threatened that they will approach the court if they fail to act accordingly.
But when the lawmakers refused, they headed for court and filed a suit at the Federal High Court, Osogbo asking for an order of mandamus to compel both the Senate and the House of Representatives to start the impeachment proceedings of President Buhari.
In the suit filed on Tuesday, June 19, 2018, they hinged their arguments on four grounds on why the National Assembly should impeach the Buhari.
In the motion ex-parte, the duo claimed that in flagrant violation of the 1999 constitution, President Buhari contested the election, won and was sworn in as the President on May 29, 2015 without possessing the basic constitutional requirement, which would have made him qualified for the contest of the election.
They further alleged that the fourth respondent, which is President Buhari in flagrant violation of section 137 (1) (j) of the 1999 constitution presented a forged certificate to the Independent National Electoral Commission (INEC) for the purpose of the 2015 presidential election that brought him to the office of the President.
“In the light of the fourth respondent’s placement to continue in the office as the President, he has no certificate and basic requirement upon which this placement to continue in the office can be placed.”
Besides, they accused the President of treating the orders of the court with a great disdain and abusing the constitution of the Federal Republic of Nigeria at will, particularly from the angle of the observance of the Federal character as contained in section 14 of the constitution.
“The fourth respondent on May 29 2015, took an oath of office, among others, to the effect that, he would rule in accordance to and protect the constitution of the Federal Republic of Nigeria, particularly section 14 (2) (b) which stipulates that the security and welfare of the people shall be the primary purpose of government.”