A Federal High Court sitting in Abuja, on Monday, has dismissed a lawsuit seeking to disqualify former Vice President, Atiku Abubakar, from vying for the presidency in 2023.
The presiding judge, Justice Inyang Ekwo, struck out the suit on the grounds that the plaintiff that instituted the case lacked the merit to do so.
A group, under the aegis of the Incorporated Trustees of Egalitarian Mission for Africa, had in the suit marked FHC/ABJ/CS/177 challenged Atiku’s eligibility on the premise that he is not a Nigerian by birth.
The group in the suit, 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?
“Whether by the provisions of section 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 section 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 (Atiku), he can be cleared by the 2nd and 3rd Defendants to contest for the office of the President of the Federal Republic of Nigeria?.”
However, Ekwo, in the judgement that was delivered on Monday has dismissed the suit.
The judge held that Plaintiff, which he is described as a “busy body”, lacked the locus standi to institute the action, hence the court cannot entertain the case.
Reacting to the judgement, the group, through its legal counsel, Mr Akinola Oladimeji, said they will take the matter to the Court of Appeal.
He noted that his client will not stop until Justice is served.
In his words, “While we commend the court for the wealth of industry of the presiding judge, it is quite instructive that though the matter was merely struck out, same can be refiled. However, our client has instructed us to appeal the said decision to the Court of Appeal.
“As a civil society organisation established for the enthronement of rule of law and supremacy of the Constitution, our Client is resolute on ensuring that the law of the land must be strictly adhered to by all comers which is part of the mandate of the Incorporated Trustees of Egalitarian Mission of Africa.”
