A Federal High Court in Abuja has dismissed a suit seeking the disqualification of the All Progressives Congress (APC) and its presidential candidate, Bola Tinubu, over the nomination of Muslim-Muslim candidacy for the 2023 election.
The suit was brought forward by Abuja-based lawyer, Osigwe Ahmed Momoh, who argued that the nomination of a Muslim-Muslim candidacy was unconstitutional and ran counter to the spirit of national cohesion, integration, and unity.
The legal practitioner had in the suit prayed the court for an order nullifying the candidature of APC and Tinubu from participating in the presidential election on the ground that the nomination of Muslim-Muslim candidacy was unconstitutional and against the spirit and letters of sections 14, 15 and 224 of the 1999 constitution.
Specifically, the lawyer who claimed to be an apostle of the rule of law and social justice argued that Muslim-Muslim candidacy runs counter to the spirit of national cohesion, integration and unity.
The case was heard by Justice Ahmed Ramat Mohammed, who after listening to the arguments of both sides, ruled that the lawyer had no legal standing to bring forward the suit as he was not a member of the APC and had not participated in the process that produced Tinubu and his running mate, Kashim Shetima, as candidates.
The judge held that Momoh therefore could not query the nominations on any grounds.
The judge further held that the Plaintiff’s claim that the nomination of Muslim-Muslim candidacy is unconstitutional and runs counter to the spirit of national cohesion, integration and unity is a political question and not a justiciable matter. The judge therefore dismissed the suit on the ground of lack of locus standi by the Plaintiff.
In his suit, Momoh had also asked the court for an order of perpetual injunction to the Independent National Electoral Commission (INEC) from publishing the name of APC and its presidential candidate for the purpose of the 2023 election.
The court also dismissed this prayer as it held that the Plaintiff had no legal right to seek for such order.
In his affidavit in support of the suit, Momoh had claimed to be an “apostle of the rule of law, an adherent of constitutionalism, social justice crusader and defender of rights of all citizens, to live in unity and peace.”
He had also stated that the 1st defendant (APC) is a major political party and the ruling party at the national level and is expected at all times to adhere to the constitutional principles governing the country.
He had also stated that the 2nd defendant (Tinubu) is the presidential candidate of the 1st defendant having being nominated by the political party and 3rd defendant (INEC) is the statutory body vested with powers to conduct elections for the federation in Nigeria.
