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.