Osigwe Momoh, a human rights activist and lawyer, has dragged the All Progressive Congress and its presidential candidate, Bola Tinubu, to the Federal High Court Abuja for fielding the presidential and vice-presidential candidates of the party from the same religion.
The lawyer, in the suit, is praying for an order of perpetual injunction restraining the Independent Electoral Commission (INEC) from publishing the name of the APC presidential candidate in the 2023 elections for violation of the Nigeria Constitution.
According to the plaintiff, the decision to pick the party’s presidential flagbearer and the running mate from the same religion (section) violates the principle and the spirit of the Nigeria Constitution.
Osigwe said In the originating summons that political parties must by virtue of Chapter Two of the 1999 Constitution of the Federal Republic of Nigeria (as amended), have their presidential and vice-presidential candidates from different sectional (tribal and religious) groups of the nation.
He, therefore, sought a declaration that “By virtue of Sections 14 -1,3, and 15 and 224(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the defendants are bound by the principles of Chapter II of the 1999 Constitution (as amended), and having the presidential and vice-presidential candidates of the same religion is unconstitutional, null and void.”
The Abuja-based lawyer requested the court to restrain INEC from publishing the candidate of the APC as a presidential candidate for the forthcoming 2023 general elections.
Date is yet to be fixed for hearing of the suit.