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The INEC Chairman, the APC, and Tinubu were all listed as the first through third defendants in the lawsuit.
 The Federal High Cout, Abuja has given a new order to the
Independent National Electoral Commission, INEC concerning a suit
seeking to disqualify Bola Tinubu, the presidential candidate of the All
Progressives Congress.
The court ordered INEC to respond to the new lawsuit.
The suit seeks to disqualify Bola Tinubu for allegedly violating section 90(3) of the Electoral Act.
The plaintiff, Incorporated Trustees of Kingdom Human Rights
Foundation International, was also given permission by the court, which
was decided by Justice Ahmed Mohammed, to ask for an order of mandamus
against Prof. Mahmood Yakubu, the head of INEC.
The INEC Chairman, the APC, and Tinubu were all listed as the first
through third defendants in the lawsuit with the file number
FHC/ABJ/CS/1960/2022, and the court directed them to submit their
defenses before that date, November 15, for consideration.
Specifically, the plaintiff, through its team of lawyers led by Mr. Jideobi Johnmary, is praying the court for;
“A declaration that having regard to the clear, unambiguous and express
provisions, sprit and tenor of Section 90 (3) read alongside section 84
(13) of the Electoral Act 2022, the 1st defendant, has deliberately
refused to exercise the powers, mandate and statutory duty/obligation
bestowed on him in section 84 (13) of the Electoral Act 2022.
“To immediately exclude, expunge and remove the 3rd defendant’s
name Bola Ahmed Tinubu from the final list of presidential candidates
contesting the 2023 presidential election for failure of the 2nd
Defendant to comply with the mandatory provisions of section 90 (3) of
the Electoral Act 2022.
“A declaration that by operation of law and having regard to
the clear, unambiguous and express provisions, sprit and tenor of
Section 90 (3) read alongside section 84 (13) of the Electoral Act 2022,
the 3rd defendant Bola Ahmed Tinubu, is not a candidate for the 2023
Presidential election.
“He is automatically excluded, expunged, and removed from
participating in the 2023 presidential election for failure of the 2nd
Defendant to comply with the mandatory provisions of section 90 (3) of
the Electoral Act 2022 in nominating the 3rd defendant as its
presidential candidate.
“An order of mandamus directing and compelling 1st defendant to
exercise the powers, mandate and statutory duty/ obligation bestowed on
him in section 84 (13) of the Electoral Act 2022, to immediately
exclude, expunge and remove the 3rd Defendant’s name Bola Ahmed Tinubu
from the final list of presidential candidates contesting the 2023
presidential election for failure of the 2nd Defendant to comply with
the mandatory provisions of section 90 (3) of the Electoral Act 2022 in
nominating the 3rd defendant as its presidential candidate”.
As well as, “An order nullifying and setting aside as illegal,
null and void, the nomination of the 3rd defendant as the presidential
candidate of the 2nd defendant for failure of the 2nd defendant to
comply with the mandatory provisions of section 90 (3) of the Electoral
Act 2022”.
On grounds upon which it instituted the action, the plaintiff
argued that by the provision of section 90 (3) of the 2022 Electoral
Act, no political party in Nigeria is allowed to receive any
contribution, of cash or kind, exceeding N50million, without showing the
source of the contribution to INEC.
“The APC advertised for contributions and its members (by way
of payment for forms) into its accounts by various members desiring to
contest for various elections under its platform.
“The 3rd defendant picked his form through his supporters led
by James Faleke, Dayo Adeyeye and Babachir Lawal and he paid 100m
cheque/bank draft to the 2nd defendant.
“The APC did receive N100m from aspirants for the office of
President, and has proceeded to send to INEC, the name of one of the
aspirants who paid the said N100m as its candidate for the election,
without a submission verifying the source of the N100 million it
received from the aspirant to INEC.
“The 2nd Defendant failed to comply with the mandatory
provisions of section 90 (3) of the Electoral Act 2022 in nominating the
3rd defendant as its presidential candidate for the 2023 presidential
election.
“INEC is bound by s.84(13) of the electoral act to exclude APC
and the candidate it submitted for failure to comply with section 90
(3)”, the plaintiff averred, adding that it resorted to the court action
after INEC failed to act on its petition.
“Nigeria’s democracy is under serious of threat by corrupt
activities of politicians elected to serve the people in various
positions and the ongoing fight against corruption will not succeed
unless citizens and civil society organizations support the government
in the fight against corruption through a public interest suit of this
nature.
“This application is in the overall public interest to promote
good governance, public accountability, constitutional democracy and
rule of law in nomination of candidate to contest the office of the
President of the Federal Republic of Nigeria which is a public office”, it added. |
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