Court dismisses lawyer's suit seeking Tinubu's disqualification over same-faith ticket

• Published date: 19 January 2023
• Publication title: Nigeria - The Nation

You must deliver Nasarawa to ex-Lagos governor, Sule tells council chairmen, others

Federal High Court in Abuja has dismissed a suit filed by an Abuja-based lawyer, Osigwe Momoh, seeking to disqualify the All Progressives Congress (APC) presidential candidate, Asiwaju Bola Ahmed Tinubu, over the party's Muslim-Muslim ticket for the February 25 election.

In a judgment yesterday, Justice Ahmed Mohammed held that the plaintiff lacked the locus standi to have approached the court on the matter.

Justice Mohammed held that by failing to show that he is a member of the APC or that he participated in the primary election that produced Asiwaju Tinubu and his running mate, Senator Kashim Shettima, as the party's candidates, the plaintiff lacked the legal capacity to query their nomination.

The judge, who upheld the preliminary objection filed by the APC and Asiwaju Tinubu, held that the lack of locus standi on the part of the plaintiff robbed the court of the jurisdiction to hear the suit.

Momoh had stated, in a supporting affidavit, that the APC has a duty, in nominating a joint ticket for the presidential and vice presidential candidate, owes a constitutional duty to uphold the principles of social justice, equity, national cohesion and unity of Nigeria.

He averred that the nomination of Muslims as the presidential and vice presidential candidates in a country with diverse religious inclinations was against the spirit of national cohesion, integration and unity.

The plaintiff claimed that the law does not permit APC to take actions that undermine social justice, equity and unity, adding that the party is not qualified to present candidates of the same faith.

Momoh said the defendants - APC, Tinubu and the Independent National Electoral Commission (INEC) - 'are under a constitutional duty to ensure that the Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof except in accordance with the provisions of the Constitution'.

He added: 'The nomination of presidential and vice presidential candidate...