The Independent National Electoral Commission, INEC, has been ordered by the Federal High Court in Abuja to respond to a new lawsuit that seeks to disqualify Bola Tinubu, the presidential candidate of the All Progressives Congress, APC, for allegedly violating section 90(3) of the Electoral Act.
In a decision read by Justice Ahmed Mohammed, the court also gave the plaintiff, Incorporated Trustees of Kingdom Human Rights Foundation International, permission to ask for an order of mandamus against Prof. Mahmood Yakubu, the head of INEC.
It demanded that the defendants listed as first through third in the lawsuit with the file number FHC/ABJ/CS/1960/2022—the INEC Chairman, the APC, and Tinubu—submit their defenses by November 15 in order for the matter to be heard.
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.
“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 contended 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.
“The APC advertised for contributions and its members (by way of payment for forms) into its accounts by various members desiring to contest for various elections under its platform.
“The 3rd defendant picked his form through his supporters led by James Faleke, Dayo Adeyeye and Babachir Lawal and he paid 100m cheque/bank draft to the 2nd defendant.
“The APC did receive N100m from aspirants for the office of President, and has proceeded to send to INEC, the name of one of the aspirants who paid the said N100m as its candidate for the election, without a submission verifying the source of the N100 million it received from the aspirant to INEC.
“The 2nd Defendant failed to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022 in nominating the 3rd defendant as its presidential candidate for the 2023 presidential election.
“INEC is bound by s.84(13) of the electoral act to exclude APC and the candidate it submitted for failure to comply with section 90 (3)”, the plaintiff averred, adding that it resorted to the court action after INEC failed to act on its petition.
“Nigeria’s democracy is under serious of threat by corrupt activities of politicians elected to serve the people in various positions and the ongoing fight against corruption will not succeed unless 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.
