The Federal High Court sitting in Abuja per Honourable Justice Obiora Egwuatu on 13 December 2022 dismissed a suit filed by Action Alliance against Independent National Electoral Commission, All Progressives Congress, and Asiwaju Bola Ahmed Tinubu in Suit No: FHC/ABJ/CS/ 954/ 2022.
The suit which was filed on the 21st of June, 2022 prayed the Court for the following reliefs:
a. A Declaration that the claim of the 3rd Defendant that he attended Government College, Ibadan, and University of Chicago on his INEC Form CF 001 in 1999 which he presented to the 1st Defendant is false.
b. A Declaration that the false information on the 3rd Defendant’s INEC Form CF 001 wherein he claims to have been awarded a Bachelor of Science Degree in Economics by the University of Chicago is a forged certificate.
c. A Declaration that in view of Section 137(1)(j) of the 1999 Constitution, the 3rd Defendant having in 1999 presented a forged certificate to the 1st Defendant in INEC Form CF 001 which he submitted to the 1st Defendant as part of the requirements of the 1st Defendant in order to be listed as a candidate in the 1999 General Elections for the post of the Governor of Lagos State is not qualified to contest for the office of President of the Federal Republic of Nigeria.
d. A Declaration that the submission of the name of the 3rd Defendant to the 1st Defendant by the 2nd Defendant as its candidate in the Presidential Election to be conducted by the 1st Defendant is null and void and of no effect as the 3rd Defendant is not qualified for election to the office of President of the Federal Republic of Nigeria in view of Section 137(1)(j) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) having in 1999 presented a forged certificate to the 1st Defendant in his INEC Form CF 001.
e. A Declaration that by virtue of Sections 224, 23, and 24 of the 1999 Constitution and the Constitution of the 2nd Defendant, the office of President of the Federal Republic of Nigeria is to be occupied by a man of integrity and impeccable character.
f. An Order of perpetual injunction restraining the 1st Defendant from publishing the name of the 3rd Defendant as a candidate in the election afore-mentioned.
g. An Order of perpetual injunction restraining the 1st Defendant from listing the 2nd Defendant as a political party in the ballot for the conduct of the 2023 Presidential Election to be conducted by the 1st Defendant.
In defense of the suit, the law office of Babatunde Ogala (SAN) & Co on behalf of APC filed a Statement of Defence in opposition to the Writ of Summons and a Notice of Preliminary Objection on the following grounds:
a. That the suit is statute-barred,
b. That the mode of commencement is defective, and
c. That the suit discloses no cause of action.
On the 9th December 2022 when the matter came up for hearing, Julius O. Ishola, Esq of Babatunde Ogala & Co, on behalf of the All Progressives Congress adopted the Notice of Preliminary filed and prayed the Court to dismiss/strike out the suit for want of jurisdiction.
Counsel to the Plaintiff in reaction to the Notice of Preliminary Objection filed a written address and adopted the same in urging the Court to dismiss the objections filed and proceed to determine the suit on its merit.
The trial judge while delivering his judgment on the 13th of December, 2022 agreed with learned counsels to both the 2nd and 3rd Defendants and subsequently dismissed the suit for being statute barred having filed more than 20 years from the occurrence of the purported cause of action.
The Court also found that Plaintiff lacked locus standi to institute the suit.
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