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Court asked to compel FEC to declare Buhari unfit for office

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A new suit seeking to compel the Federal Executive Council (FEC) to declare ailing President Muhammadu Buhari incapacitated and unfit to continue in office was filed Thursday before the Federal High Court in Abuja.
The suit marked: FHC/ABJ/CS/ 671/2017 filed by a group, Kingdom Human Rights Foundation International (KHRFI) is coming three weeks after a similar suit marked: FHC/ABJ/CS/508/2017 was filed before the same court by a United States-based Nigerian, Toyin Dawodu.
The suit filed Thursday has 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 as defendants.
KHRFI also 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.
When granted the permission sought, the suit, the plaintiff, by virtue of the adopted procedure, intends to ask for a judicial review of whether or not the four respondents to the suit – Osinbajo, the ECF, 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.
It intends to seek among others, an order of mandamus compelling FEC to pass the resolution declaring Buhari “incapable of discharging the functions of his office”.

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The plaintiff’s position that the declaration by the Executive Council of the Federation will enable the Senate President “to constitute a medical panel that will verify the declaration of the Executive Council of the Federation pursuant to section 144(4) of the Constitution.”
In a supporting affidavit, lawyer KHRFI; Patricia Chigbundu said the ongoing medical vacation embarked on by the President on May 7, 2017 was the third in the series of such trips.
She said the President has spent over 60 days abroad since May, yet “Nigerians were not informed on the health conditions of the President.
“That the President of the Federal Republic of Nigeria, Muhammadu Buhari, had also embarked on medical vacation on January 19 to March 12, 2017 and stayed for over 60 days and Nigerians were not informed on the health conditions of the President.
“The President of the Federal Republic of Nigeria, Muhammadu Buhari, embarked on medical vacation from June 6, 2016 and Nigerians were not also informed on the health conditions of the President.
“Before the latest medical vacation on May 7, 2017, the President was not able to preside over the Federal Executive Council meeting.
“All these series of medical vacations are affecting good governance in Nigeria and Nigerians deserve to know the true condition of the state of health of their President.”
KHRFI wants among others:
*A declaration of the honourable court that the Executive Council of the Federation has failed to perform its constitutional duty by failing, refusing and neglecting to pass a resolution declaring the President of the Federal Republic of Nigeria, Muhammadu Buhari who has been away for more than 60 days on third medical vacation since the assumption of office as the President in 2015 incapable of discharging the functions of office; in view of section 144 (1) (a) and (b) of the 1999 constitution of the Federal Republic of Nigeria 1999 (as amended).
*A declaration of the honourable court that the Executive Council of the Federation that in the circumstances of the Executive Council of the Federation not passing a resolution declaring the President incapable of discharging the functions of his office, the Senate President should not go ahead to constitute a medical panel to examine the health condition of the President, to determine if the President is suffering from infirmity of body and mind, and whether the President has become permanently incapable to discharge the functions of his office; in view of section 144 (4) of the 1999 constitution of the federal republic of Nigeria (as amended).
*An order of mandamus compelling the Executive Council of the Federation to immediately and without any further delay perform its constitutional duty by passing a resolution declaring the President of the Federal Republic of Nigeria, Muhammadu Buhari who has been away for more than 6o days on third medical vacation since the assumption of office as the President in 2015 incapable of discharging the functions of office; in view of section 144 (1) (a) and (b) of the 1999 Constitution of the Federal Republic of Nigeria 1999 (as amended).
*An order of mandamus compelling the Senate President of the Federal Republic of Nigeria to go ahead and constitute a medical panel to examine the health condition of the President Muhammadu Buhari to determine if the President is suffering from infirmity of body and mind and to determine whether the President has become permanently incapable to discharge the functions of his office; in view of section 144 (4) of the 1999 constitution of the federal republic of Nigeria (as amended).
Daudu, in his case, wants the court to declare that the Senate President, Bukola Saraki, has the powers to set up the medical panel to determine Buhari’s health status in the absence of a resolution of the Executive Council of the Federation declaring the President unfit to continue in office as provided under section 144 of the Constitution.
The suit is now before Justice Adamu Abdu Kafarati, awaiting a hearing date.

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