A Federal High Court in Abuja has been asked to nullify the
2015 presidential election largely won by the All Progressives Congress (APC). The
court was also asked to order President Muhammadu Buhari and Vice President
Yemi Osinbajo to quit office as well as dissolve the Federal Executive Council
(FEC)
The request was based on the ground of violation of campaign
expenses limit during the polls by the APC and the Peoples Democratic Party
(PDP). The argument was that the election which led to its emergence was not
competent in the face of the law.
In a legal action instituted in Abuja by Hope Democratic
Party, the APC and the PDP were said to have breached sections 3, 14, 15, 30
and 139 of the 1999 Constitution and sections 91 and 92 of the Electoral Act
2010 on the N1 billion campaign expenses limit.
The court action, with reference No. FHC/ACT/CS/405/2017,
was instituted by Barrister Udegbunam Emmanuel on behalf of the plaintiff, one
of the political parties in the country.
The defendants are APC, President Buhari, Independent
National Electoral Commission, PDP and Prof. Osinbajo as 1st, 2nd, 3rd, 4th and
5th defendants respectively
The case was predicated on the recently released findings
and report of the Independent National Electoral Commission on the 2015 general
election review, which reportedly indicted APC and PDP for exceeding the N1
billion campaign expenses and showed specifically that APC expended about N500
billion and PDP almost N1 trillion on the poll.
The plaintiff asked the Court to determine whether by virtue
of sections 3,14,15,30 and 139 of the 1999 constitution and sections 91 and 92
of the Electoral Act 2010, the May 29, 2015 inauguration of a four-year tenure
government under President Buhari cannot be abridged, questioned and dissolved
following the reported revelation of the INEC that the 2015 presidential
election based on which the government was constituted, was predicated on
violations of the laws limiting presidential campaign expenses not above or beyond
N1 billion.
The court was also asked to determine whether by virtue of
the provisions of the law conferred on the court under section 6(6), 14, 15 and
139 of the 1999 constitution and section 90 of the Electoral Act 2010, the
Presidential Election of 2015 based on proven illegalities established by INEC
was not liable to be investigated and probed and for the court to dissolve same
based on the breach of the provisions of the law.
The HDP therefore sought court declaration that by virtue of
the 1st, 2nd and 4th defendants reported violation of the law on campaign
expenses limit, the inauguration of the APC Federal Government under Buhari was
unlawful and dissolvable.
The party also applied for an express order of the court
abridging the four-year tenure of the APC-led government under Buhari and
dissolving the Federal Executive Council to make way for early fresh election.
In the alternative, the party said by the doctrine of
necessity, the court should order immediate constitution of an all-inclusive
government of national unity to be headed by its presidential candidate in the
2015 election, Chief Albert Ambrose Owuru, being the most progressive,
revolutionary and visionary candidate at the election pending the conduct
another election by INEC.
The HDP also sought another order of the court to bar the
APC and PDP from participating and presenting candidates at such re-scheduled
future presidential election.
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