A Federal High Court in Osogbo, Osun State capital, has granted leave to a suit seeking to compel the National Assembly to initiate impeachment proceedings against President Muhammadu Buhari.

Kanmi Ajibola, a lawyer and Sulaiman Adeniyi, a human right activist, had three months ago written to both the lower and the upper chambers of the National Assembly on the need to impeach President Buhari over alleged constitutional breaches by the President.

They also threatened to approach the court if lawmakers fail to act accordingly.

They, however, approached the court asking for an order of mandamus to compel both the Senate and the House of Representatives to start the impeachment proceedings against the President.

President Buhari, they  argue, should be impeached by the National Assembly on four grounds which included not having the requisite certificate to contest election in 2015.

Justice Maurine Onyetenu in the exparte ruling, granted  applicants leave to move and argue their suit for an order of mandamus, compelling the National Assembly to commence the impeachment of President Muhammadu Buhari.”

The court adjourned till October 30, 2018 for the hearing of the suit.

After moving the application before the court, Ajibola urged the court that with all array of documents before the court, he was of the view that the National Assembly must perform its constitutional duties without fear or favour.

In the motion ex-parte, the duo are contending that in flagrant violation of the 1999 constitution, President Buhari contested the election, won and was sworn in as the president on May 29, 2015 without possessing the basic constitutional requirement, which would have made him qualified for the contest of the election.

They alleged that President Buhari in flagrant violation of section 137 (1) (j) of the 1999 constitution presented a forged certificate to the Independent National Electoral Commission (INEC) for the purpose of the 2015 presidential election that brought him to the office of the president.

The applications in the suit, are further contending that “In the light of the 4th respondent’s placement to continue in the office as the president, he has no certificate and basic requirement upon which this placement to continue in the office can be placed.”

They accused the President of treating the orders of the court with a great disdain and abuses the constitution of the Federal Republic of Nigeria at will, particularly from the angle of the observance of the federal character as contained in section 14 of the constitution.

Part of the allegations against the President is his failure to guarantee security and welfare of the people which according to them section 14 (2) (b) of the 1999 Constitution stipulates shall be the primary purpose of government.

They also contend that the President in contravention of the due process and sections 80 and 81 of the 1999 constitution spent about $496 million on the purchase of Tucano Jets without the approval of the National Assembly of the Federal Republic of Nigeria as required by the law.

They told the court that as applicants in the matter, they have the right and duty to compel the 1st and 3rd respondents to perform their statutory duty of impeachment against the 4th Respondent, having bothered on the constitution of the Federal Republic of Nigeria.

Meanwhile, Garba Shehu, Senior Assistant to the President on Media and Publicity said he was not aware of the ruling.

But he promised to get the details of the court ruling so that he will comment from the point of knowledge.

Minister of Information and Culture, Lai Mohammed, also said after the weekly meeting of the Federal Executive Council (FEC) that he had no information on it.