2023: Court orders INEC to respond to fresh suit seeking to disqualify Tinubu

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The Federal High Court sitting in Abuja, has directed the Independent National Electoral Commission, INEC, to respond to a fresh suit that is seeking to disqualify the presidential candidate of the ruling All Progressive Congress, APC, Bola Tinubu, over alleged breach of section 90(3) of the Electoral Act.

The court, in a ruling delivered by Justice Ahmed Mohammed, equally granted leave to the plaintiff, Incorporated Trustees of Kingdom Human Rights Foundation International, to apply for an order of mandamus against the INEC boss, Prof. Mahmood Yakubu.

It ordered the INEC chairman, APC and Tinubu, who were all cited as 1st to 3rd defendants in the suit marked: FHC/ABJ/CS/1960/2022, to file their defence before November 15, when it adjourned the matter to, for hearing.

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, and 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

“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.”

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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