Onjeh v. Mark: Updates

Remember we last published that Daniel Onjeh filed a petition seeking a declaration that the former President of Senate, David Mark, was wrongly declared winner of the Benue South Senatorial election.

He alleged electoral malpractices and substantial infringement on the Electoral Act, praying the tribunal to nullify the election and order for fresh poll.

Yesterday, The National Assembly Election Petition Tribunal sitting in Makurdi fixed August 18 for former Senate President David Mark to testify.

In the News….Interim Injunction sought to stop the CJN from swearing in Buhari as President

….Please imagine this country without the immunity clause and this mind set.

Vanguard reports:

A Civil Society Organisation, the Incorporated Trustees of Advocacy for Societal Rights Advancement and Development Initiative, has ‎asked the Federal Court in Abuja to stop the Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, from administering oath on the President-elect, Muhammadu Buhari on May 29.

‎The group, in an originating summons that was filed by its lawyer, Mr. Philip Ekpo, insisted that Buhari is not legally fit to take over as the President of Nigeria.

The plaintiff argued that Buhari did not meet the qualification enshrined in the 1999 Constitution and the Electoral Act, and ought not have contested the April 11, 2015, presidential election.

Cited as respondents in the suit were Buhari, the Independent National Electoral Commission and the Chief Justice of Nigeria.

The group specifically applied for an order of interim injunction restraining the 3rd Respondent or any person acting in his capacity, from swearing in the 1st Respondent as President of the Federal Republic of Nigeria on May 29, 2015, or any other date thereof, pending the determination of the Motion on Notice.

According to the plaintiff, “‎The 1st Respondent gave false information in the Affidavit he presented to the 2nd Respondent and on the strength of which he contested and purportedly won the presidential election which was conducted by the 2nd Respondent on
March 28, 2015.

In the News…Plaintiffs withdraw eligibility suit against Buhari

Plaintiffs in two of the three pending suits challenging the eligibility of the President-elect, Muhammadu Buhari, to contest in the March 28, 2015, presidential election have been withdrawn.

Justice Adeniyi Ademola who is presiding over the matters at the Federal High Court in Abuja subsequently struck out the matter after the plaintiffs indicated their intention to withdraw the suits on Wednesday 22nd April, 2015.

Chief Mike Ozekhome (SAN) who is representing one of the plaintiffs, told the judge that his client decided to withdraw his suit to afford the incoming government time to focus on the “enormous task” of governance.

When the second case which was filed by Max Ozoaka was called, his lawyer, Dr. Chike Amobi, also adduced similar grounds for withdrawing the suit.

With this development, the remaining pending eligibility suit against Buhari is the one filed by Ayakeme Whiskey (FHC/ABJ/CS/68/15).