A lawyer and medical practitioner, John Larry Ojukoko Esq.
and Dr. Ejiro Imuere, have approached a Federal High Court sitting in Warri,
Delta State, seeking an order of mandamus compelling the Senate President and
Speaker, House of Representatives, to set up a medical panel to examine the
medical fitness of ailing President Muhammadu Buhari and remove him if he can
no longer continue.
Joined in the suit are the Acting President, Prof Yemi
Osinbajo, SAN, and Attorney General of the Federation.
Specifically, the plaintiffs want the court to determine the
following:
“Whether or not by the combined effect of sections 144 (1)
and (2) of the 1999 constitution of the Federal Republic of Nigeria as amended,
impose a duty on the 2nd, 3rd and 4th defendants to verify the medical fitness
of the president of the Federal Republic of Nigeria where exist a clear
evidence that the president of the Federal Republic of Nigeria over a period of
time is incapable of performing his constitutional duty due to ill health.
“Whether or not by the combined effect of the provisions of
section 14 (2) (b), section 143 (1), (2) (11) of the 1999 constitution of the
Federal Republic of Nigeria as amended vis a vis the incessant killings and
wanton destruction of properties by group identified as herdsmen with no
visible and decisive move to end same by the 1st defendant amount to “gross
misconduct on the part of 1st defendant.
“Whether the May 2017 recruitment of 479 cadet officers by
the Department of State Service (DSS) of which 331 (Three Hundred and Thirty
One ) are from the 3 Northern Geographical Zone of North West, North East and
North Central with Katsina State having 51 cadet officers, while the 3 South
Geographical Zone of West, East and South admitted 143 cadet officers with
Lagos having 7 cadet office, contravened section 14(3) of the 1999 constitution
of the Federal Republic of Nigeria as amended thereby amount to “gross
misconduct” on the part of the 1st Defendant as defined in Section 143 (ii) of
the 1999 constitution as amended.”
Upon the determination of the above three questions, the
plaintiffs’ claim against the defendants jointly and/or severally are as
follows:
“A Declaration that the combined effect of sections 144 (1)
and (2) of the 1999 constitution of the Federal Republic of Nigeria as amended,
impose a duty on the 2nd, 3rd and 4th Defendants to verify the medical state of
the 1st Defendant to ascertain whether he is capable of performing his
constitutional duty as President of the Federal Republic of Nigeria.
“A Declaration that by virtue of Section 14 (2) (b) of 1999
Constitution as amended, the 1st Defendant is duty bound to put an end to the
incessant killing and wanton destruction of properties across Nigeria by the
group known as herdsmen.
“A Declaration that lopsided recruitment of 479 cadet
officers into the Department of State Service contravenes Section 14(3) of the
1999 Constitution as amended.
“A Declaration that, the non -adherence to Sections 14 (2)
(b) and (3) of the 1999 Constitution as amended the 1st Defendant, has failed
in his constitutional duties and his oaths of allegiance.
“An Order of Mandamus compelling the 2nd and 3rd defendants
to set up a medical panel to examine the medical fitness of 1st defendant to
discharge the function of the office of President.
“An Order of Mandamus compelling the National Assembly to
set in motion the provision of Section 143 of the 1999 Constitution.
No date has been fixed for hearing of the suit.
By Wale Odunsi
