Court dismisses suit seeking Tinubu’s disqualification

The Federal High Court in Abuja, on Friday, declined to issue a mandamus order for the Independent National Electoral Commission (INEC to strike Bola Tinubu, the APC’s flag bearer, from the list of eligible candidates for the next presidential election.

In a ruling written by Justice Binta Nyako, the court dismissed the lawsuit that claimed Tinubu‘s nomination as the APC’s presidential candidate violated section 90 (3) of the Electoral Act of 2022’s required provisions.

The suit marked: FHC/ABJ/CS/1960/2022, was brought before the court by a non-governmental organization under the aegis of the Incorporated Trustees of Kingdom Human Rights Foundation International.

Justice Nyako ruled that the plaintiff lacked locus-standi (legal standing) to bring the lawsuit because they were not a recognized political party in the nation.

The plaintiff had previously filed a comparable lawsuit, which the court observed had been dismissed for lack of merit.

Despite accusing the plaintiff of abusing the legal system by taking several actions, the court praised Mr. Jideobi Johnmary, the plaintiff’s attorney, for his knowledge.

According to the court, since the plaintiff had no right to file the action, there was no need to consider any of the issues it raised against Tinubu.

Specifically, the plaintiff had prayed the court for; “A declaration that having regard to the clear, unambiguous and express provisions, sprit and tenor of Section 90 (3) read alongside section 84 (13) of the Electoral Act 2022, the 1st defendant, has deliberately refused to exercise the powers, mandate and statutory duty/obligation bestowed on him in section 84 (13) of the Electoral Act 2022, to immediately exclude, expunge and remove the 3rd defendant’s name Bola Ahmed Tinubu from the final list of presidential candidates contesting the 2023 presidential election for failure of the 2nd Defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022.

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“An order of mandamus directing and compelling 1st defendant to exercise the powers, mandate and statutory duty/ obligation bestowed on him in section 84 (13) of the Electoral Act 2022, to immediately exclude, expunge and remove the 3rd Defendant’s name Bola Ahmed Tinubu from the final list of presidential candidates contesting the 2023 presidential election for failure of the 2nd Defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022 in nominating the 3rd defendant as its presidential candidate”.

As well as, “An order nullifying and setting aside as illegal, null and void, the nomination of the 3rd defendant as the presidential candidate of the 2nd defendant for failure of the 2nd defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022”.

According to the plaintiff’s justification for bringing the lawsuit, section 90 (3) of the 2022 Electoral Act prohibits political parties in Nigeria from accepting donations of more than N50 million without disclosing their funding source to INEC.

The APC and Tinubu, who were listed as the suit’s second and third defendants, respectively, submitted preliminary objections to contest the suit’s legality.

Since the lawsuit was not filed within 14 days of Tinubu’s name being submitted to the INEC, the defendants claimed that it was not justiciable and that it was therefore time-barred.

They therefore requested that the court decline its jurisdiction and dismiss the lawsuit.

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