On Friday, the Federal High Court in Abuja declined to issue a mandamus order for the Independent National Electoral Commission, INEC, to strike Bola Tinubu, the APC’s flag bearer, from the list of eligible candidates for the next presidential election.
In a decision written by Justice Binta Nyako, the court dismissed the lawsuit that claimed Tinubu’s emergence as the APC’s presidential candidate violated section 90 (3) of the Electoral Act of 2022’s required provisions.
A non-governmental organisation operating under the auspices of the Incorporated Trustees of Kingdom Human Rights Foundation International filed the lawsuit, which has the case number FHC/ABJ/CS/1960/2022.
Justice Nyako ruled that the plaintiff lacked locus-standi (legal standing) to bring the lawsuit because they were not a recognized political party in the nation.
The plaintiff had previously filed a comparable lawsuit, which the court observed had been dismissed for lack of merit.
Despite accusing the plaintiff of abusing the legal system by taking several actions, the court praised Mr. Jideobi Johnmary, the plaintiff’s attorney, for his knowledge.
The plaintiff did not have the legal authority to bring the lawsuit, so the court determined that none of the arguments it made against Tinubu needed to be taken into account.
The plaintiff has specifically asked 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”.
As well as, “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”.
On grounds upon which it instituted the action, the plaintiff argued that by the provision of section 90 (3) of the 2022 Electoral Act, no political party in Nigeria is allowed to receive any contribution, of cash or kind, exceeding N50million, without showing the source of the contribution to INEC.
However, both the APC and Tinubu, who were cited in the suit as 2nd and 3rd Defendants, filed preliminary objections to challenge the competence of the suit.
Since the lawsuit was not filed within 14 days of Tinubu’s name being submitted to the INEC, the defendants claimed that it was not justiciable and that it was therefore time-barred.
So they requested that the court dismiss the lawsuit and decline to exercise its jurisdiction.