Nigerian Man Files Lawsuit To Compel Senate To Investigate President Buhari’s Health Status

 BUHARI LAWSUIT.jpg

 

THE LAWSUIT FILED AT THE FEDERAL HIGH COURT IN ABUJA NIGERIA.  CASE NUMBER FHC/ABJ/CS/508/2017

TO COMPEL THE SENATE OF NIGERIA TO CONSTITUTE A MEDICAL PANEL TO DETERMINE THE HEALTH STATUS OF PRESIDENT BUHARI. 

Riverside, CA 6/28/17- A few weeks ago, I instructed my attorneys from Forthright Chambers and lawyers for Citizens Advocacy of Nigeria to file a lawsuit compelling the Nigerian Senate to constitute  a medical panel to determine if President Buhari is capable of discharging his constitutional duties.

Several reports have indicated that the country is being controlled by a group of unelected bureaucrats whose motives may not align with the aspirations of most Nigerians.

Reports have also indicated that our elected President is in such a medical incapacitation that even his wife is not allowed to see him in his incapacitated state.

It is possible, that President Buhari is being held by his handlers against his will and Nigerians deserve to know his current status and his where about.

This Press release explains my rational for the lawsuit to all Nigerians and other well-wishers of Nigeria.

In 2014, I campaigned to elect then General Buhari to be elected President of Nigeria. Here’s a link to the video I uploaded to YouTube as my support for his candidacy.  goo.gl/P2EExJ

A full copy of the law suit can be found on my blog at http://www.amazingtoyin.blogspot.com  (see below)

My admiration for President Buhari dates back to his first foray as head of state. In 1985, I expressed this admiration by contacting him through the Nigerian Embassy.

In my letter, to him and his administration, I outlined how he could make Nigeria a great nation economically by focusing on our strategic assets of both human and natural resources.

Unfortunately his administration was short lived.

Fast forward 2014. After three tries, he succeeded in becoming the head of state.

My support for him in the last election was based on my inclination that President Buhari can finally finish the job he started 30 years earlier.

Regardless of his current policy failures, I and millions of Nigerians are now convinced that the President, despite all his intentions, is incapable of discharging his duties. Therefore, he should resign or be forced to do so, by the Senate, or the executive council as prescribed in the Nigerian constitution. .

The Nigerian electorate voted for Buhari as head of state.

Currently we have an acting President.

The problem with the current situation is that the acting president is not fully in charge of the country.

There is no proof that any elected official, including leaders of both houses of assembly have seen the President in the last several weeks.

There is no proof that even the vice President or any member of the cabinet of President Buhari has spoken to him in his current incapacitated state.

I love and respect President Buhari and I wish and pray fervently for God to give him strength to gain back his health.

But I love Nigerian more. I fear for my country, I fear for the future of millions of Nigerians both living and unborn.

Therefore, I cannot stand by and allow the current leadership vacuum that exists in out polity to continue.

There are several current agitations for the restructuring of Nigeria.

If Nigeria needs a strong leader, it is now. Unless a strong leader emerges that has the full authority of Nigerians, the country may descend into chaos.

Our elected leader is indisposed, due to no fault of his own.

Therefore, if we love our country, we must collectively urge our President to face his health issues and let Nigeria be led fully by a capable Vice President as prescribed by the constitution.

As it stands, the Vice President takes direction from the so called Cabal, who passes such instruction under the pretext that they come from the President.

No one can confirm the present condition of the President. As such, it is now incumbent on the elected members of the Nigerian Senate to stand up and be counted to save Nigeria in its hour of need.

I am also urging every Nigerian to impress upon their Senators to discharge their duty by constituting a medical panel as prescribed by the constitution to determine if President Buhari is capable of discharging his duty.

That is the basis of my lawsuit.

I love President Buhari and wish him speedy recovery, but I love Nigeria more.

May God bless all of us and bless Nigeria.

Toyin Dawodu.

My contact information is

951-344-1642

FULL CONTENT OF THE LAWSUIT FILED AT THE FEDERAL HIGH COURT IN ABUJA NIGERIA. 

CASE NUMBER FHC/ABJ/CS/508/2017

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN IN ABUJA

SUITNO……………………….

BETWEEN:

TOYIN DAWODU              —         —           —    PLAINTIFF

AND

  1. DR BUKOLA SARAKI

[THE SENATE PRESIDENT

OF THE NATIONAL ASSEMBLY

OF THE FEDERAL REPUBLIC OF

NIGERIA]

  1. THE EXECUTIVE COUNCIL OF

THE FEDERAL REPUBLIC OF                      DEFENDANTS

NIGERIA                                                         

  1. THE ATTORNEY GENERAL OF

THE FEDERAL REPUBLIC OF

NIGERIA

                          

ORIGINATING SUMMONS

LET ALL the parties in this suit within eight days after the service of this summons on them, inclusive of the day of such service cause an appearance to be entered for them to this summons which is issued upon the application of Frank Tietie, Esq. of Suite B8, Halima Plaza, Plot 1496, Balanga Street, Off Uke Street, Area 11, Garki, Abuja who seeks the determination of the following questions and reliefs thereto:

ISSUE / QUESTION FOR DETERMINATION

Whether in the absence of a resolution by the Executive Council of the Federation (EXCOF) as required by Section 144 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered), can the Senate President constitute a medical panel to determine the health status of the President of the Federal Republic of Nigeria ?

OR;

Whether the Senate President can constitute a medical panel to determine   the health status or medical fitness of the President of the Federal Republic of Nigeria where it is not reasonably possible for the Executive Council of the Federation (EXCOF) to so ascertain ?

WHEREFORE the Plaintiff shall pursuant to the determination of the above question seek the following reliefs:

RELIEFS SOUGHT

  1. A DECLARATION that the 1st Respondent, Dr Bukola Saraki, the Senate President of the Federal Republic of Nigeria is empowered by Section 144  (4) of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered) to appoint a Medical Panel to determine the health status of the President of the Federal Republic of Nigeria,  without first being, a resolution of the Executive Council of the Federation (EXCOF)  on the medical fitness or incapability of President Muhammadu Buhari to discharge the functions of the office of the President of the Federal Republic of Nigeria.
  1. A DECLARATION that the 2nd Respondent, the Executive Council of the Federation (EXCOF) can vote on a resolution on the medical fitness or incapability of President Muhammadu Buhari to discharge the functions of the office of the President of the Federal Republic of Nigeria, based on the report of a Medical Panel set up by the 1stRespondent, Dr Bukola Saraki, the Senate President of the Federal Republic of Nigeria.
  1. AN ORDER OF MANDATORY INJUNCTION directing the 1stRespondent, Dr Bukola Saraki, the Senate President of the Federal Republic of Nigeria to set up a medical panel according to Section 144 (4) in order to determine health status of Muhamadu Buhari, the President of the Federal Republic of Nigeria
  1. AN ORDER OF MANDATORY INJUNCTION directing the 2ndDefendant to convene a meeting, as required by Section 144 (1) (a) of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered) in order to consider and vote on a resolution regarding the fitness or incapability of President Muhammadu Buhari to discharge the functions of the office of the President of the Federal Republic of Nigeria, based on the report of the Medical Panel set up by the 1st Respondent.
  1. FURTHER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances.

_____________________________

FRANK TIETIE, ESQ.

Forthright Chambers

Suite B8, Halima Plaza,

Plot 1496, Balanga Street,

Off Uke Street, Area 11, Garki, Abuja

08172891308, 08036286435

forthrightlaw@gmail.com

This Summons was taken out by Frank Tietie, Esq., Counsel of Forthright Chambers, Suite B8, Halima Plaza, Plot 1496, Balanga Street, Off Uke Street, Area 11, Garki, Abuja.

The Defendants may appear hereto by entering appearance personally or by a legal practitioner either by handing in the appropriate forms, duly completed, at the Registry of the National Industrial Court, Abuja, or by sending them to that office by post.

Dated …………….day of June, 2017

 

___________

REGISTRAR

FOR SERVICE ON:

THE DEFENDANTS

  1. DR BUKOLA SARAKI

The Senate President

of The National Assembly of

The Federal Republic of Nigeria

National Assembly Complex

Three Arms Zone

Abuja.

  1. THE EXECUTIVE COUNCIL OF

THE FEDERAL REPUBLIC OF NIGERIA   

C/O The Attorney General &

Minister of Justice

Federal Ministry of Justice

Abuja                                                  

  1. THE ATTORNEY GENERAL OF

THE FEDERAL REPUBLIC OF NIGERIA

Federal Ministry of Justice

Abuja

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN IN ABUJA

SUITNO……………………….

BETWEEN:

TOYIN DAWODU              —         —           —    PLAINTIFF

AND

  1. DR BUKOLA SARAKI

[THE SENATE PRESIDENT

OF THE NATIONAL ASSEMBLY

OF THE FEDERAL REPUBLIC OF

NIGERIA]

  1. THE EXECUTIVE COUNCIL OF

THE FEDERAL REPUBLIC OF                      —    DEFENDANTS

NIGERIA                                                         

  1. THE ATTORNEY GENERAL OF

THE FEDERAL REPUBLIC OF

NIGERIA

                          

AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS

I, Otika Izuchukwu Stephen, 28 Years Old, Male, Christian, Legal Officer of Forthright Chambers, Citizen of Nigeria, and Residing at plot 120, Road 9, E27 Estate, Apo New Town, Apo, Abuja DO MAKE OATH AND STATE AS FOLLOWS:

  1.         That I am the litigation counsel of Forthright Chambers and by virtue of my position I am familiar with the facts which constitute the grounds of this suit.
  1.         That I have the consent and authority of the Plaintiff and my employer to depose to this Affidavit.
  1.         That the Plaintiff is a citizen of Nigeria based in the United States of America.
  1.         That the Plaintiff is a registered voter in Nigeria, copy of the Applicant’s  voter’s card is herein annexed and marked as Exhibit “A”
  1.         That the Plaintiff by e-mail to Forthright Chambers (forthrightlaw@gmail.com) and subsequently by phone conversation on the 26th of May, 2017, instructed us to file this suit and accordingly informed me of the following facts which I verily believe to be true:
  2.         That the Senate President and the Executive Council of the Federation be compelled to ensure that there is a comprehensive medical examination that would disclose the nature of President Buhari’s illness so that Nigerians can be sure that the person they elected is of sound mind and body to continue to discharge his role as President of the Federal Republic of Nigeria.
  1.         That on the same 26th of May, 2017  at about 16 hours GMT or thereabout the Plaintiff engaged me in a long open  phone conversation wherein he expressed his mind further on the issue of the president’s health and I took the following statements which I verily believe to be true and his true positions on the issue regarding the health status of President Muhammadu Buhari as  follows:
  1. That he, Toyin Dawodu, the Plaintiff herein is instituting this suit in the public interest and not in any way against the person of President Muhammadu Buhari whom he campaigned for during the 2015 general elections, strongly believing in his personal capabilities to govern and transform Nigeria from the economic malaise foisted on the people by the preceding administrations led by the Peoples’ Democratic Party (PDP).
  1. That from the many newspaper reports published in Nigeria and abroad, it is believed that the President is seriously ill and possibly has a health challenge of such a serious nature that would affect his capability to discharge the duties and functions of the office of the President of the Federal Republic of Nigeria.
  1. That the subject matter of the health status and nature of President Muhammadu Buhari’s sickness is such a matter of national concern, the details of which should be fully disclosed and made public.
  1. That where the nature of the President’s sickness is of such  that he can no longer discharge the duties and functions of the office of the President of the Federal Republic of Nigeria, it would be in the national interest to advise him to resign.
  1. The state of President Muhammadu Buhari’s illness demands the resolution by the Executive Council of the Federation  whether he is able to discharge the duties and functions of the office of the President of the Federal Republic of Nigeria.
  1. That the Federal Executive Council is unlikely and unwilling to exercise its constitutional responsibility of determining by resolution, whether the President is able to discharge the duties and functions of the office of the President of the Federal Republic of Nigeria.
  1. That President Buhari has been in London for a medical leave since 7th of May, 2017.
  1. That before President Buhari left for London, in a letter to the National Assembly, transmitting power to the Vice President, he said the Vice President Yemi Osinbajo will “coordinate” the nation’s affairs while he is abroad for medical treatment.
  1. That Vice President Yemi Osinbajo is fettered even in his capacity to fully discharge the functions and responsibilities of the office of the President of the Federal Republic of Nigeria and serve Nigerians adequately while President Buhari is away.
  1. That it is important to determine the health status of President Buhari and the nature of his sickness in order to advise him to either resign or be impeached.
  1. That President Buhari’s continued absence without details on his state of health and nature of his sickness creates such a state of uncertainty that it  has seriously affected the governance of the Federation.
  1. That nearly all political appointments such as those of ministers were made by President Buhari himself thus creating a loyalty deficit for Vice President Yemi Osinbajo and the constitution.
  1. That in the continued absence of President Buhari, many of the political appointees who are unelected are currently running a shadow administration.

 

  1. That there is no point keeping the administration of the Federation bogged down by President Buhari’s illness.
  1. That it is in the public interest that the health status of the president be disclosed publicly
  2.         That I make this oath in good faith, conscientiously believing its contents to be true and in accordance with the Oath Act currently in force.

                                                                    

 …………….……………

                                                               DEPONENT

SWORN AT:

The Registry of the Federal High Court

Abuja

FCT

THIS ………….. DAY OF JUNE, 2017

BEFORE ME

……………………………..

COMMISSIONER FOR OATHS

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN IN ABUJA

SUITNO……………………….

BETWEEN:

TOYIN DAWODU              —         —           —    PLAINTIFF

AND

  1. DR BUKOLA SARAKI

[THE SENATE PRESIDENT

OF THE NATIONAL ASSEMBLY

OF THE FEDERAL REPUBLIC OF

NIGERIA]

  1. THE EXECUTIVE COUNCIL OF

THE FEDERAL REPUBLIC OF                      —    DEFENDANTS

NIGERIA                                                         

  1. THE ATTORNEY GENERAL OF

THE FEDERAL REPUBLIC OF

NIGERIA

                          

WRITTEN ADDRESS IN SUPPORT OF ORIGINATING SUMMONS

1.0      Introduction

1.1          The Plaintiff who is a citizen of Nigerian by this Originating Summons filed in compliance with Order ,,,, seeks the interpretation of Section 144 … of the Constitution of the Federal Republic of Nigeria as to the exercise of authority, duty and responsibility in determining when a the  President of Nigeria has become incapable of discharging the futies and functions of the office of the President of the Federal Republic of Nigeria.

1.2         The Originating Summons is supported by a … paragraph  affidavit in support, together with this written address.

2.0      Factual Background

2.1         The Plaintiff begs to refer to the depositions contained therein in the supporting affidavit and by emphasis states that the facts upon which the Plaintiff relies are notorious in nature.

2.2        Thus, the main facts are that the President of the Federal Republic of Nigeria, Muhammadu Buhari has been reportedly ill and has been away from Nigeria for a period that is more than 40 days. There are wide speculations that the nature of the President’s illness is such it would affect his discharge of the functions, duties and responsibilities of the office of the President of the Federal Republic of Nigeria.

3.0      Issue / Question for Determination

Whether in the absence of a resolution by the Executive Council of the Federation (EXCOF) as required by Section 144 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered), can the Senate President constitute a medical panel to determine the health status of the President of the Federal Republic of Nigeria ?

OR;

Whether the Senate President can constitute a medical panel to determine   the health status or medical fitness of the President of the Federal Republic of Nigeria where it is not reasonably possible for the Executive Council of the Federation (EXCOF) to so ascertain ?

4.0      Argument in Support

4.1.     The above issue / question for determination is made in the alternative for emphasis and clarification of the sole question for determination which revolves around  whether the Resolution of the 2nd Defendant, the EXCOF as contained in Section 144 (1) (a) is a condition precedent for the 1st Defendant to set up a Medical Panel to determine in case of illness, whether the President is incapable of discharging the functions of the office of the President of Nigeria.

4.2     We submit most humbly from the outset that from the totality of the provisions of Section 144 of the Constitution of the Federal Republic of Nigeria, the 1st Defendant can set up a Medical panel to determine the medical fitness of the President as to whether or not being incapable to discharging the functions of the office of the President of the federal republic of Nigeria whenever the need arises.

4.3.    The subject of determining the medical fitness of the person of the President as to whether he is incapable of discharging the functions of the office of the President of the Federal Republic of Nigeria, is a determination of fact which is medical in nature and such duty can only be carried out by a panel of persons learned in medicine and not politics.

4.4     Therefore, it could not have been the intention of Section 144 of the Constitution that the health status of the President can only be determined when the 2nd Defendant who are the political appointees of the President himself and are so subject to him to also now be the ones to determine whether the president at any particular given time, is medically fit or not to discharge his duties and functions as president. There would therefore be a shortage of fairness and transparency in that regard where only the president’s appointees are the ones to initiate the process of inquiring into the health status of the President of the Federal Republic of Nigeria..

4.5.    There would be a ready concession to the interpretation of Section 144 (1) (a) to import that for the purpose of determining whether the person of the President is incapable of discharging the functions of the office of the President of the Federal Republic of Nigeria, the 2nd Defendant does have the duty and responsibility to vote on such a resolution as to the medical fitness of the President but regarding the question of determining the general health status of the person of the President  even where the 2nddefendant has not voted on a resolution regarding the medical fitness of the President, the 1st  Defendant is empowered by Section 144 (4) whenever the health status of the president has become a national issue as the case in point, to set up a medical panel.

4.6.    In the construction of statutory powers and duties, Section 10 (2) of the Interpretation Act CAP. 124, LFN 2004 provides as follows that:

      An enactment which confers power to do any act shall be construed as also conferring all such other powers as are reasonably necessary to enable that act to be done or are incidental to the doing of it.

4.7.   Therefore, the power of the 1st Defendant according to Section 144 (4) of the Constitution, to constitute or set up a medical panel to determine the health status of the person of the President of the Federal Republic of Nigeria is for all purposes and intent to the effect  that where and whenever that it is  reasonably necessary to do so, vested in the 1st Defendant who shall exercise such a power, in this case in the public interest where there has been a growing concern among the likes of the Plaintiff, who is a bonafide citizen of Nigeria and is concerned about the health of President Muhammadu Buhari whom he worked so hard to elect as President but he is being kept in the dark regarding the health status of the President.

5.0. Conclusion

We submit respectfully, that the health status of the President is a  public matter and it behoves on both the 1st and 2nd  Defendants  to carry out their constitutional duties under Section 144 of the Constitution for  it is for these circumstances  that were contemplated by Section 144 of the Constitution where the health status  of the President has now become an issue of national concern; Whereas, either the 1st or 2nd Defendant who possess constitutional duty is yet to discharge such a responsibility. This is particularly so when there is a faulty presumption, as we have submitted above that the 1stDefendant’s act of constituting a medical Panel to determine the health status of the President.

We therefore urge that the provisions of Section 144 of the Constitution be considered in light of the present circumstances in Nigeria and we urge the court to consequently grant the following reliefs:

  1. A DECLARATION that the 1st Respondent, Dr Bukola Saraki, the Senate President of the Federal Republic of Nigeria is empowered by Section 144  (4) of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered) to appoint a Medical Panel to determine the health status of the President of the Federal Republic of Nigeria,  without first being, a resolution of the Executive Council of the Federation (EXCOF)  on the medical fitness or incapability of President Muhammadu Buhari to discharge the functions of the office of the President of the Federal Republic of Nigeria.
  1. A DECLARATION that the 2nd Respondent, the Executive Council of the Federation (EXCOF) can vote on a resolution on the medical fitness or incapability of President Muhammadu Buhari to discharge the functions of the office of the President of the Federal Republic of Nigeria, based on the report of a Medical Panel set up by the 1st Respondent, Dr Bukola Saraki, the Senate President of the Federal Republic of Nigeria.
  1. AN ORDER OF MANDATORY INJUNCTION directing the 1stRespondent, Dr Bukola Saraki, the Senate President of the Federal Republic of Nigeria to set up a medical panel according to Section 144 (4) in order to determine health status of Muhamadu Buhari, the President of the Federal Republic of Nigeria
  1. AN ORDER OF MANDATORY INJUNCTION directing the 2ndDefendant to convene a meeting, as required by Section 144 (1) (a) of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered) in order to consider and vote on a resolution regarding the fitness or incapability of President Muhammadu Buhari to discharge the functions of the office of the President of the Federal Republic of Nigeria, based on the report of the Medical Pa nel set up by the 1st Respondent.
  1. FURTHER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances.

Dated …………….day of June, 2017

_____________________________

FRANK TIETIE, ESQ.

Forthright Chambers

Suite B8, Halima Plaza,

Plot 1496, Balanga Street,

Off Uke Street, Area 11, Garki, Abuja

08172891308, 08036286435

forthrightlaw@gmail.com

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