Days after emerging as the flagbearer of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar has been dragged before the Federal High Court, Abuja.
This is as a constitutional lawyer, Mr. Johnmary Jideobi, on Tuesday, approached the Federal High Court in Abuja, challenging the eligibility of Atiku to contest in the forthcoming the 2023 presidential election.
The plaintiff, in the suit marked FHC/ABJ/CS/751/2022, argued that Atiku is not constitutionally qualified to participate in the presidential contest on the grounds of citizenship.
In the lawsuit, Atiku, PDP and the Independent National Electoral Commission (INEC), were cited as 1st, 2nd and 3rd defendants. Also, the Attorney-General of the Federation was also joined as the 4th defendant.
Specifically, the plaintiff, asked the court to determine; “Whether by the combined provisions of sections 1(1) & (2), 25 and 131(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), only a Nigeria citizen by birth can contest for the office of the President of the Federal Republic of Nigeria?”
As well as, “Whether by the combined interpretation of sections 1(1) & (2), 25(1) & (2) and 131(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and giving the circumstances surrounding the birth of the 1st Defendant, he can be cleared by the 2nd and 3rd Defendants to contest for the office of the President of the Federal Republic of Nigeria?”.
It would be recalled that the fresh lawsuit is coming after the Federal High Court sitting in Abuja had struck out a suit that sought to disqualify Atiku from vying for presidency.
A group, under the aegis of the Incorporated Trustees of Egalitarian Mission for Africa, had in the lawsuit urged the court to determine; “Whether section 25 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), is the sole authority that spells out ways by which a person can become a Nigerian citizen by birth?”
The group also prayed the court to declare that given the circumstances surrounding Atiku’s birth, he cannot be cleared by either PDP or the Independent National Electoral Commission, INEC, to vie for Presidency.
However, the court, in the judgement that was delivered by Justice Inyang Ekwo, struck out the suit for want of merit.
The court held that the Plaintiff, whom he described as a “busy body”, lacked the locus standi to institute the action.
Justice Ekwo held that since Plaintiff was bereft of the locus standi, the court, therefore, lacked the requisite jurisdiction to entertain the case.
