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, was filed on Thursday by the incorporated trustees of a civil society group, Kingdom Human Rights Foundation International.
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.
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 ask for mandatory leave (permission) of the court to begin the main action under the judicial review procedure of the Federal High Court.
If the leave can be granted, 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.”
The suit is now before Justice Adamu Abdu Kafarati, awaiting a hearing date.
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