A constitutional lawyer, Mr. Johnmary Jideobi, on Tuesday, approached a Federal High Court in Abuja to challenge the eligibility of the Peoples Democratic Party (PDP) presidential candidate in the 2023 general elections, Atiku Abubakar.
The plaintiff, in the suit marked FHC/ABJ/CS/751/2022, maintained that Atiku was not constitutionally qualified to participate in the presidential contest on the grounds of his citizenship.
Atiku, the PDP, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation were marked as 1st to 4th defendants in the case.
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?”
“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?”
It will be recalled that on Monday, February 21, 2022, a Federal High Court sitting in Abuja struck out a similar suit that sought to disqualify Atiku from vying for the presidency in 2023.
Just as in the extant case, the suit marked FHC/ABJ/CS/177, challenged Atiku’s eligibility on the premise that he is not a Nigerian by birth.
A group, under the aegis of the Incorporated Trustees of Egalitarian Mission for Africa, had in the suit, urged the court to determine; “Whether section 25 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), is the sole authority that spells out ways by which a person can become a Nigerian citizen by birth?
“Whether by the provisions of section 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 section 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 (Atiku), he can be cleared by the 2nd and 3rd Defendants to contest for the office of the President of the Federal Republic of Nigeria?.
Upon determination of the questions in his favour, the plaintiff sought for a declaration that by the provisions of the Constitution, “only a Nigerian citizen by birth can contest for the office of the President of the Federal Republic of Nigeria.
It urged the court to declare that given the circumstances surrounding Atiku’s birth, he cannot be cleared by either PDP or INEC to vie for presidency.
However, the court, in the judgement that was delivered by Justice Inyang Ekwo, struck out the suit for want of merit.
The court held that the plaintiff, which is described as a “busy body”, lacked the locus standi to institute the action.
Justice Ekwo held that since plaintiff was bereft of the locus standi, the court, therefore, lacked the requisite jurisdiction to entertain the case.
He held that the reliefs plaintiff sought before the court were outside the scope of its registration as a non-governmental organisation.
Recall, Atiku garnered a total 371 votes to emerge the winner and presidential flag-bearer of the PDP last weekend.
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