2023: Court Dismisses Lawsuit Seeking To Disqualify Tinubu From election - 9japarrot


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Wednesday 18 January 2023

2023: Court Dismisses Lawsuit Seeking To Disqualify Tinubu From election

A Federal High court on Wednesday in Abuja has dismissed a suit by an Abuja-based lawyer, Osigwe Momoh.

Seeking to disqualify the All Progressives Congress (APC)’s presidential candidate Asiwaju Bola Tinubu over the party’s choice of a same-faith ticket for the February 25 election.

In a judgment on Wednesday, Justice Ahmed Mohammed, held the plaintiff lacked the locus standi to have approached the court on the issue.

Justice Mohammed noted having not shown that he is a member of the APC or he participated in the primary election that produced Tinubu and his running mate, Kashim Shetima as the party’s candidates, the plaintiff lacked the legal capacity to query their nomination.

The judge, who upheld the preliminary objection filed by the APC and Tinubu, held that the lack of locus standi on the part of the plaintiff has robbed the court of the jurisdiction to hear the suit.

Momoh had stated, in a supporting affidavit, that the APC has a duty, in nominating a joint ticket for the presidential and vice-presidential candidate, owe a constitutional duty, to uphold the principles of social justice, equity, national cohesion and unity of Nigeria.

He added that the nomination of Muslims as presidential and vice-presidential candidates, in a country with diverse religious inclinations, runs counter to the spirit of national cohesion, integration and unity.

The plaintiff claimed that the APC was prevented by law to take actions capable of undermining social justice, equity and unity, and as such not qualified to present candidates of the same faith.

Momoh added the defendants – APC, Tinubu and the Independent National Electoral Commission (INEC) –“are under a constitutional duty to ensure that the Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof except in accordance with the provisions of the Constitution.

“The nomination of Presidential and Vice-Presidential candidate of the APC being persons of the same religious faith is exclusionary, divisive and capable of polarizing the country along religious lines and it runs counter to the sacrosanct principles of social justice.”

Momoh prayed the court for, among others, an order nullifying the candidature of APC and Tinubu from participating in the presidential election on the ground that the nomination of Muslim-Muslim candidacy is unconstitutional and against the spirit and letters of sections 14, 15 and 224 of the 1999 Constitution.


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