A Federal High Court, Abuja, on Monday, dismissed the suit seeking to challenge former Vice President Atiku Abubakar’s eligibility to vie for the office of the president.
Delivering judgment, Justice Inyang Ekwo, dismissed the suit on the grounds that the plaintiff that instituted the case lacked the locus standi (legal right) to do so. Justice Ekwo described the plaintiff as “busy body and meddlesome interloper.”
A group, an Incorporated Trustees of Egalitarian Mission for Africa (EMA), in a suit marked: FHC/ABJ/CS/177/2019 had sued Atiku, PDP, Independent National Electoral Commission (INEC) and Attorney General of the Federation (AGF) as 1st to 4th respondents respectively.
The EMA is challenging Atiku’s eligibility to contest for presidency on the grounds that he is not a Nigerian citizen by birth.
The group asked the court to hold, among others, that considering the provisions of Sections 25(1) &(2) and 131(a) of the constitution and the circumstances surrounding the former vice president’s birth, he cannot contest for the top office.NAN also reports that the Adamawa State Government, through its Attorney-General (AG), had on July 27, 2021 sought an order of the court to be joined in the suit.
The court, in the motion dated April 26 and filed June 24, granted the prayer of the AG of Adamawa to be joined in the case as 5th defendant.The Adamawa government had told the court that Atiku was eligible to vie for the office of the president.It said Atiku, against whom the suit was primarily directed, is a citizen of Nigeria from Adamawa who had been elected as a governor of the state in 1999 and served as the vice president of the country between 1999 to 2007.
It stated that the suit threatened the right of not just the ex-vice president to contest the office of the president “but that of the citizens of Nigeria, of Adamawa origin covering 12 out of the 21 Local Government Areas in the state.”
Meanwhile, a statement by Akinola Oladimeji, Esq. on behalf of Kayode Ajulo & Co. Castle of Law, the plaintiff in the matter, said the chamber would appeal the judgment.
The statement said: “Today, the Federal High Court struck out our application to interpret Alhaji Abubkar citizenship in terms of the Constitution of the Federal Republic of Nigeria on the ground of the locus of the Plaintiff despite superior court’s decision on the legality of an Incorporated Organisation to institute actions for the protection of the extant provisions of the Constitution and Statutes.
“While we commend the court for the wealth of industry of the presiding judge, it is quite instructive that though the matter was merely struck out, same can be refiled. However our Client has instructed us to appeal the said decision to the Court of Appeal.
“As a civil society organisation established for the enthronement of rule of law and supremacy of the Constitution, our Client is resolute on ensuring that the law of the land must be strictly adhered to by all comers which is part of the mandate of the Incorporated Trustees of Egalitarian Mission of Africa.
“Our Client’s case bothers within a narrow compass, which is the interpretation of the provision of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) with respect to citizenship and qualification of any presidential candidate, viz a viz the citizenship status of Alhaji Atiku Abubakar.
“Without prejudice to the judgment of the Court, In the main time, we have commenced our Client’s further brief to Appeal and to file a Motion for injunction pending appeal for an Order of the Court restraining Alhaji Atiku Abubakar from parading himself as a Nigerian Citizen by birth in contravention of the extant provisions of Sections 25 and 131 of the Constitution of the Federal Republic of Nigeria, 1999 as amended pending the hearing and determination of the Appeal.”
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