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The Federal High Court sitting in Abuja has coordinated the independent National Electoral Commission, INEC, to answer a new suit that is looking to exclude the official competitor of the decision All Progressive Congress, APC, Bola Tinubu, over alleged breach of section 90(3) of the Electoral Act.
The court, in a decision conveyed by Equity Ahmed Mohammed, similarly conceded to pass on to the offended party, Incorporated Trustees of Kingdom Human Rights Foundation International, to apply for an order of mandamus against the INEC boss, Prof. Mahmood Yakubu.
It ordered the INEC chairman, APC, and Tinubu, who were all cited as 1st to 3rd defendants in the suit marked: FHC/ABJ/CS/1960/2022, to file their defense before November 15, when it adjourned the matter, for hearing.
Specifically, the plaintiff, through its team of lawyers led by Mr. Jideobi Johnmary, is praying to the court for; “A declaration that having regard to the clear, unambiguous and express provisions, spirit 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 the 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 the 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
“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 the failure of the 2nd defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022.”
citizens and civil society organizations support the government in the fight against corruption through a public interest suit of this nature.
“This application is in the overall public interest to promote good governance, public accountability, constitutional democracy, and rule of law in the nomination of a candidate to contest the office of the President of the Federal Republic of Nigeria which is a public office,” it added.
