Court rejects motion seeking Tinubu, Atiku’s disqualification.
By Naomisophyblog
Bola Tinubu’s acceptance as the All Progressives Congress, APC’s candidate for the 2023 presidential election was challenged in court, but the Federal High Court in Abuja on Tuesday declined to grant the motion.
The court also rejected the request that INEC not recognise Atiku Abubakar as the Peoples Democratic Party (PDPpresidential )’s candidate for the election that will take place the following year.
In a ruling, Justice Inyang Ekwo instead directed the plaintiffs, Northern Nigerian Youth Democrats (NNYD) and Incorporated Trustees of Rights for All International (RAI), to notify all defendants.
Justice Ekwo granted prayers four, five, and six in the ex-parte motion marked: FHC/ABJ/CS/942/2022 that was filed by Kingdom Okere, the plaintiffs’ attorney, on June 22 but rejected requests one, two, and three.
The court case was continued until July 14 for further discussion after the judge further ordered the attorney to serve the defendants with court papers within seven days of the order.
According to the News Agency of Nigeria (NAN), RAI and NNYD submitted a motion asking for six orders through a lawyer.
The APC, PDP, Tinubu, Atiku, Nyesom Wike, Bukola Saraki, Anyim Pius Anyim, Bala Mohammed, Udom Emmanuel, Terella Diana, Dele Momodu, Ayo Fayose, Charles Ugwu, and Chikwendu Kalu are listed as defendants in the application as the first through the fourteenth defendants, respectively.
Others are Yemi Osinbajo, Rotimi Amaechi, Yahaya Bello, Ogbonnaya Onu, Chief Ikeobasi Mokelu, Pastor Tunde Bakare, Sam Ohuabunwa, Chukwuemeka Nwajuba, Chief Ikeobasi Mokelu, Ahmad Yerima, Rochas Okorocha, Tein Jack-Rich, David Umahi, Dr. Ahmad Lawal,
“An order restraining, prohibiting and barring the 29th defendant (INEC) from accepting the nomination of the third and fourth defendants (Tinubu and Atiku) as the presidential candidates of the first and second defendants (APC and PDP) for the 2023 presidential election pending the hearing of the motion on notice or as may be otherwise directed by the Hon. Court” was one of the orders the court declined to issue.
An order directing all parties to this lawsuit to maintain the status quo that existed prior to the suit pending, except as this Hon. Court may otherwise direct.
“An directing expeditious hearing/fast-tracking of this lawsuit and reducing the amount of time that plaintiffs and defendants have to submit their respective responses and defences in this lawsuit to five days from the date that this application is granted.”
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However, the court issued substituted service orders for a number of people, including Tinubu, Atiku, Wike, Saraki, Nwajuba, Bakare, Yarima, Okorocha, and Jack-Rich.
It also authorised the publication of just the original summons in a national daily in order to substitute service on all defendants.
“Suit is a public interest suit that seeks to promote constitutional democracy, rule of law, the federal character principle, and principles of equity, justice, and fairness in holding the office of the President of the Federal Republic of Nigeria,” among other things, said Okere, who provided seven reasons why the orders should be granted.
The lawyer asks the court to decide in the originating summons “whether having regard to the clear, unambiguous and express provisions, sprit and tenor of ARTICLES 11(A)(I), 12(1) AND 13(1) of the APC, 2014 (as amended), the special national convention of the 1st defendant held on the June 6 and June 7 was properly constituted as regards the composition of delegates who should attend and vote at the said convention.
The special national convention of the 2nd defendant held on May 28 and May 29 was held to decide, among other things, “Whether having regard to the clear, unambiguous and express provisions, sprit, and tenor of Section 33 (1) AND (5) (C) of the Constitution of the PDP, 2017, (as amended).
