Abubakar Malami, attorney-general of the federation (AGF),
has told a federal high court in Abuja that Atiku Abubakar, former
vice-president, is not eligible to run for president in Nigeria.
Malami said this in an affidavit in support of a suit marked
FHC/ABJ/CS/177/2019 and filed before the court by the Incorporated Trustees of
Egalitarian Mission for Africa (EMA).
In 2019, the EMA instituted the suit challenging Atiku’s
eligibility to contest for president.
They asking the court to hold among others, that considering
the provisions of sections 25(1) &(2) and 131(a) of the constitution and
the circumstances surrounding his birth, the former vice-president cannot
contest for the top office.
The AGF through his legal team led by Oladipo Okpeseyi
agreed that Atiku is not a Nigerian citizen by birth.
“The first defendant (Atiku) is not qualified to contest to
be president of the federal republic of Nigeria,” Malami submitted.
“The first defendant is not a fit and proper person to be a
candidate for election to the office of president of the federal republic of
Nigeria.
“The first defendant was
born on the 25th of November, 1946 at Jada, at the time in Northern Cameroon.
By the plebiscite of 1961, the town of Jada was incorporated into Nigeria.
“The first defendant is a Nigerian by virtue of the 1961
plebiscite, but not a Nigerian by birth. The first defendant’s parents died
before the 1961 plebiscite.”
Malami said the effect of the June 1, 1961 plebiscite was to
have the people of Northern Cameroon integrated into Nigeria as new citizens of
the country, even after Nigeria’s independence.
“This qualified all those born before the 1961 plebiscIte as
citizens of Nigeria, but not Nigerian citizen by birth. Consequently, only
citizens born after the 1961 plebiscite are citizens of Nigeria by birth,” he
added.
Citing the provisions of 1960, 1963, 1979 and 1999
constitutions Malami said the “reasoning of the lawmakers in ensuring that the
persons to be the president of Nigeria is a citizen of Nigeria by birth is
because such a person is the number one citizen and the image of the Nigerian
state”.
“This is even more so where his parents do not belong to any
tribe indigenous to Nigeria until their death,” he said.
“The facts of his (Atiku’s) birth on the Cameroonian
territory to Cameroonian parents remain unchallenged.
“At best, the first defendant can only acquire Nigerian
citizenship by the 1961 plebiscite. The citizenship qualifications under
Section 26 and 27 of the 1999 Constitution of the Federal Republic of Nigeria
(1999), by implication, has limited the first defendant’s privileges or rights
and cannot be equal or proportional to the privileges of other citizens who
acquire their citizenship status by birth.
“This would include
the legal preclusion of the first defendant from contesting for the office of
the President of Nigeria.
“if either his parents had become Nigerian citizen by virtue
of Section 25(1) of the 1999 Constitution, which must be in compliance with
Sections 26 and 27of the same constitution.
“With no concrete proof of compliance, we submit that the
first defendant cannot contest election to the office of the Nigerian
President.”
The minister of justice said Atiku committed an offence
under section 118(1)(k) of the Electoral Act when he contested and won the
office of the vice-president in 1999.
However, Atiku and the Peoples Democratic Party (PDP) on
which platform he contested the last election have asked the court to dismiss the
suit for lacking in merit.
In their notice of objection filed jointly, they insisted
that Atiku is “a bonafide citizen of the federal republic of Nigeria”.
Atiku also said besides serving as Nigeria’s vice-president
from 1999 to 2007, he held many public and private offices, including serving
as governor of Adamawa state and was a commissioned officer of the Nigerian
Customs Service.
He said his parents, grandparents and great grandparents
were born in Nigeria and they lived, died as Nigerians and were buried in
Nigeria.
He told the court that the suit was filed in bad faith in an
attempt to malign his person and integrity.
Atiku also objected to the plaintiff’s right to challenge
his nationality, arguing that it failed to show the interest it has above other
citizens of Nigeria to be entitled to approach the court on the issue.
Inyang Ekwo, the judge, fixed May 4 to hear the suit.
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