A political party contesting the 2023 elections, Action Alliance, has again sued the Independent National Electoral Commission, All Progressives Congress; its presidential candidate, Asiwaju Bola Ahmed Tinubu and his running mate, Kashim Shettima, before a Federal High Court in Abuja over alleged double nomination.
The party, in its earlier suit pending before the Abuja Division of the Federal High Court, is seeking the disqualification of the APC from the 2023 presidential polls over alleged act of perjury on the part of its presidential candidate, Tinubu.
However, in a fresh suit instituted on July 28, the plaintiff is again seeking the disqualification of the ruling party on the grounds that it has nominated a candidate for more than one constituency in the 2023 general elections.
The act according to the AA, in the fresh suit marked: FHC/ABJ/CS/1256/2022, obtained by journalists on Thursday, contravened Section 35 of the Constitution and the Electoral Act, 2022.
The suit filed on behalf of the plaintiff by Ukpai Ukairo, has INEC, APC, Tinubu and Shettima as 1st, 2nd, 3rd and 4th defendants respectively.
The plaintiff is specifically seeking, “A declaration that the nomination of the 4th defendant by the 3rd defendant as the Vice Presidential Candidate of the 2nd defendant is void arising from the express provision of Section 35 of the 1999 Constitution and the Electoral Act, 2022 in that the 4th defendant allowed himself to be nominated in more than one constituency for the 2023 elections.
“A perpetual injunction restraining the 3rd and 4th defendants from holding out themselves as Presidential and Vice Presidential Candidates contesting the 2023 Presidential election on the platform of the 2nd defendant.”
The plaintiff also sought for another order of perpetual injunction restraining INEC from listing the names of Tinubu and Shettima as Presidential and Vice Presidential Candidates in the final list of candidates in the said election and restraining INEC from placing APC on the ballot for the said election.
In an affidavit in support of the suit deposed to by one Kalu Agu, the plaintiff claimed that the APC contravened the law when it submitted the name of Shettima both as candidate for Borno Central Senatorial and Vice President in the 2023 general elections.
“The 2nd defendant also submitted the name of the 4th defendant as its Candidate in Borno Central Senatorial election for the 2023 election and the 4th efendant swore to a Form EC9 in his capacity as the said Candidate and same was submitted to the 1st defendant.
“That the 4th defendant also on July 15, 2022 submitted another Form EC9 to the 1st defendant through the 2nd defendant and this time he was nominated for Vice Presidential Candidate.
“That the 4th defendant also deposed to the oath constituting the said Form EC9 as being nominated for the position of Vice Presidential Candidate.
“That Borno Central Senatorial Zone and the Presidential Election are two different constituencies.
“That the Plaintiff applied through me for the certified true copies of the Forms EC9 of the 4th defendant for the Borno Central Senatorial Zone and the Presidential election but the 1st defendant is delaying the release of it to the plaintiff”.
No date has been fixed for hearing of the suit.
Presidential Primaries: Ex-Minister Asks Court To Disqualify Tinubu, Atiku
The immediate past Minister of State for Education, Chukwuemeka Nwajiuba, and a group, Incorporated Trustees of Rights for All International, have filed an originating summons before a Federal High Court in Abuja seeking an order declaring Nwajiuba as the authentic presidential candidate of the All Progressives Congress (APC).
They also prayed the court to cancel the votes gotten by the APC presidential candidate, Bola Tinubu, as well as the flagbearer of the Peoples Democratic Party (PDP), Atiku Abubakar.
Nwajiuba who accused the APC presidential candidate of bribing delegates with dollars presented 26 issues for determination by the court.
He specifically asked the court to determine whether the composition of the delegates contravened Article 11(A) 12(1) and 13(1) of the constitution of the APC.
The former minister urged the court to determine if the composition of the delegates at the PDP primary does not contravene Section 33(1) and (5) (c) of the constitution of the party.
He prayed the court to determine whether having regard to the clear unambiguous and express provisions and tenor of Sections 6(6) (A) (B) and (C) read alongside Section 15(5) of the 1999 Constitution, the court has the inherent judicial powers to nullify, cancel, and declare as illegal the presidential primaries of the APC and the PDP.
Nwajiuba asked the court to determine that all the votes cast in favour of Tinubu and Atiku at the special national conventions of the APC and PDP were illegal, null, void, and of no effect whatsoever on the grounds of corruption and selling of delegates’ votes and voter inducement.
Lastly, he prayed the court to decide that having regard to the express provisions of paragraphs 1 and 8 of the 5th schedule of the 1999 Constitution, the alleged corrupt conducts of Tinubu and Atiku in buying votes and inducing delegates with dollars and naira to secure their votes at the special national convention, disqualify them from further seeking, contesting, and holding the office of the President.
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