From Olalekan Awojodu, Abuja
An Abuja based Legal practitioner has dragged the All Progressives Congress (APC) and the party’s presidential candidate, Bola Ahmed Tinubu to court over having presidential and vice-president tickets of the party from the same religion.
The lawyer in the suit filed at the Federal High Court, Abuja also seeks an order of perpetual injunction restraining the Independent Electoral Commission (INEC) from publishing the name of the APC presidential candidate in the forthcoming coming elections for violation of the Nigeria Constitution.
In the suit marked, FHC/ABJ/CS/1188/2022 argued that the decision to pick the party presidential flag bearer and the running mate from the same religion (section) violates the principle and the spirit of the Nigeria Constitution.
The plaintiff, Osigwe Momoh who is a legal Practitioner in his originating summons argued that Political Parties must by virtue of chapter two of the 1999 Constitution of the Federal Republic of Nigeria (as amended), have their presidential and vice presidential candidate from different sectional, (tribal and religious groups) of the nation.
He therefore seek a declaration that
“by virtue of Sections 14 (1) & (3), 15 and 224(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Defendants are bound to the principles of Chapter II of the 1999 Constitution (as amended) and having the presidential and vice presidential candidates of the same religious (sectional group) is unconstitutional and null and void.
” that all Political Parties must by virtue of chapter two of the 1999 Constitution of the Federal Republic of Nigeria (as amended), have their presidential and vice presidential candidate from different sectional (tribal and religious groups) of the nation.
” nullifying the candidature of the 1st and 2nd Defendants, Same Being unconstitutional and against the spirit and letters of Sections 14 (1) & (3), 15 and 224 (a) of the amended 1999 Constitution of the Federal Republic of Nigeria. ”
The human rights advocates have therefore requested the Court to restrain the 3rd Defendant (INEC) from publishing the Candidate of the 1st Defendant (APC) as a Presidential Candidate for the forthcoming 2023 General Election.
The plaintiff in the suit is Osigwe Momoh and defendants are All Progressives Congress (APC) as 1st defendant, Bola Ahmed Tinubu as 2nd defendant, and the INEC, 3rd defendant.
Meanwhile, the suit is yet to be assigned to any Judge and no date has been fixed for the suit yet.
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