A constitutional lawyer, Johnmary Jideobi, on Tuesday, approached the Federal High Court in Abuja to challenge the eligibility of former Vice President, Atiku Abubakar, to contest the 2023 presidential election.
This came barely 72 hours after the former Vice President was elected as the presidential candidate of the main opposition Peoples Democratic Party (PDP) for the 2023 polls.
The plaintiff, in the suit marked FHC/ABJ/CS/751/2022, argued that Atiku is not constitutionally qualified to participate in the presidential contest.
Consequently, he posed two legal questions for the court to determine, afterwhich he sought for seven principal reliefs against Atiku, PDP and the Independent National Electoral Commission, INEC, who were cited as 1st, 2nd and 3rd defendants in the matter.
The Attorney-General of the Federation (AGF) and Minister for Justice was also joined as the 4th defendant.
Specifically, the plaintiff, asked the court to determine; “Whether by the combined provisions of sections 1(1) & (2), 25 and 131(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), only a Nigeria citizen by birth can contest for the office of the President of the Federal Republic of Nigeria?”.
As well as, “Whether by the combined interpretation of sections 1(1) & (2), 25(1) & (2) and 131(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and giving the circumstances surrounding the birth of the 1st Defendant, he can be cleared by the 2nd and 3rd Defendants to contest for the office of the President of the Federal Republic of Nigeria?”.
This is not the first time Atiku’s eligibility to contest election is being challenged in court. MetroWatchXtra recalls that in 2019, an NGO had dragged the ex-VP to court over his claim to Nigerian citizenship. But the court in 2022 dismissed the suit for lacking merit.
Justice Inyang Eden Ekwo struck out the suit instituted by Incorporated Trustees of Egalitarian Mission for Africa. The court held that the non-governmental organisation (NGO) has no legal right to query the citizenship of the former VP.
Ekwo said the NGO, having been registered under Company and Allied Matters Act with special functions, could not jump into public interest litigation.
Ekwo held that the plaintiff lacked locus standi to institute the legal action, describing Incorporated Trustees of Egalitarian Mission for Africa as a “busy body and meddlesome interloper”.
The group had asked the court to disqualify Atiku as the presidential candidate of the Peoples Democratic Party (PDP) and restrain him from contesting the February 16, 2019, presidential election over alleged doubts surrounding his citizenship.
