A federal high court in Abuja has fixed September 7 to hear
a suit seeking the disqualification of Bola Tinubu, presidential candidate of
All Progressives Congress (APC), from contesting in the 2023 elections.
The plaintiffs, four APC chieftains, are asking the court to
rule that Tinubu is ineligible to run for president in the 2023 presidential
election as the party’s candidate because he allegedly submitted false
information to the Independent National Electoral Commission (INEC).
In a 33-paragraph affidavit in support of the suit deposed
to by one Ibiang Miko Ibiang, the plaintiffs averred that Tinubu falsely swore
to an affidavit in 1999 in which he claimed to have attended St Paul Aroloya
Children Home School, Ibadan -1958-64, and Government College, Ibadan -1965-68
and presented the same to INEC.
According to the plaintiffs, the deposition is untrue. They
claimed in his INEC form for the 2023 elections, Tinubu refused to include any
information about his primary and secondary schools in order to hide the false
information he had provided to INEC.
The plaintiffs are praying the court to determine “Whether
having regard to the provision of sections 1 (3); 4(1)and 2; 14(1),(2)(a), and
(c)and 42(1)(a)and (b) of the 1999 Constitution of the Federal Republic of
Nigeria (as amended), the provision of section 29(5)of the Electoral Act, 2022
as enacted by the 4th defendant which modified the provision section 31(5) of
the Electoral Act,2010(as amended) is not ultra vires the 4th Defendant and
therefore unconstitutional, null, void and of no effect whatever”.
“Whether having regard to the decision of the supreme court
in the case Modibbo Vs Usman (2020) 3 NWLR(PT.1712)470 and the provision of
section 137(1)(j) the 3rd defendant has not presented a forged certificate to
the Independent National Electoral Commission (INEC) the 1st defendant and
thereby disqualified from participating in the forthcoming 2023 presidential
general election,” they said.
Upon the favourable determination of the questions, the
plaintiffs are asking for “a declaration that the 3rd defendant (Tinubu) has
presented a forged certificate to the Independent National Electoral Commission
for the purpose of seeking to be elected into the office of president of the
federal republic of Nigeria”.
“A declaration that
the 3rd defendant stands disqualified from participating in the 2023
presidential election as a candidate of the 2nd defendant has presented a
forged certificate to the Independent National Electoral Commission for the
purpose of seeking to be elected into the office of the president of the
federal republic of Nigeria.
“An order disqualifying the 3rd Defendant from contesting or
participating in the forthcoming 2023 presidential general election as a
candidate of the 2nd defendant.
Ruling on an ex parte application, Ahmed Mohammed, the
judge, granted an order for substituted service on Tinubu after the plaintiffs’
counsel, Goddy Uche, told the court that substituted service has become
necessary because all attempts to serve the presidential candidate proved
abortive.
The court ordered that court processes should be served on
the national secretariat of the APC and that such service shall be deemed as
having been properly served on Tinubu.
He adjourned the case to September 7 for a hearing.
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