An Abuja-based lawyer, Osigwe Momoh has dragged the All
Progressives Congress (APC) and the party’s presidential candidate, Bola Ahmed
Tinubu to a Federal High Court in Abuja for fielding presidential and vice-president
candidates of the party from the same religion.
The lawyer in the suit, seeks an order of perpetual
injunction restraining the Independent Electoral Commission (INEC) from
publishing the name of the APC presidential candidate in the forthcoming coming
elections for violation of the Nigeria Constitution.
The suit marked, FHC/ABJ/CS/1188/2022 claimed that the
decision to pick the Party’s presidential flagbearer and the running mate from
the same religion violates the principle and the spirit of the Nigeria
Constitution.
The plaintiff, (Osigwe Momoh) in the originating summons
argued 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 candidate from different sectional, (tribal
and religious groups) of the nation.
He therefore seeks a declaration that:
“by virtue of Sections 14 (1) & (3), 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 and null and void.
“That all 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 candidate from different sectional
(tribal and religious groups) of the nation.
“An order nullifying the candidacy of APC, Tinubu (1st And
2nd), same being unconstitutional and against the spirit and letters of
Sections 14 (1) & (3), 15 and 224 (a) of the amended 1999 Constitution of
the Federal Republic of Nigeria.”
The human rights activist requested the Court to restrain
the 3rd defendant (INEC) from publishing the candidate of the 1st defendant
(APC) as a presidential candidate for the forthcoming 2023 general elections.
Defendants in the suit are the All Progressives Congress (APC),
Bola Ahmed Tinubu and INEC as 1st, 2nd and 3rd defendants, respectfully.
Meanwhile, no date has been fixed for hearing of the suit.
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