Court Dismisses Ex-Minister, Nwajiuba’s Suit To Replace Tinubu As APC Presidential Candidate
Federal High Court sitting in Abuja on Friday dismissed a suit filed by former Minister of State for Education, Chukwuemeka Nwajiuba seeking to void the nomination of Bola Tinubu as the presidential candidate of the All Progressives Congress (APC) in next year’s election.
In the suit numbered FHC/ABJ/CS/1114/2022 which had Tinubu, the APC, and the Independent National Electoral Commission (INEC) as co-defendants, Nwajiuba had urged INEC to disqualify the former Lagos State Governor and recognise him as the APC candidate.
Nwajiuba was also seeking an order of perpetual injunction restraining INEC from accepting the candidacy of Tinubu whom he said was nominated in breach of the law.
However, Justice Zainab Abubakar, in a judgement on Friday held that her court lacked the jurisdiction to entertain the suit which was statute barred, having been filed outside the 14 days allowed under Section 285(9) of the Constitution.
Justice Abubakar in the judgment noted that as a pre-election case, it ought to be filed within 14 days of the occurrence of the action complained about by the plaintiff.
She observed that Tinubu purchased the expression of interest and nomination forms on April 29, he emerged as APC candidate at its congress held between June 6 and 7, and INEC published his name on June 17.
The judge said: “I have no hesitation in holding that this suit, as constituted against all the defendants, is statute barred by virtue of the provision of Section 285(9) of the Constitution, which means the right of the plaintiff to institute this action has been extinguished by the operation of the law.
"This invariably robbed this court of the jurisdiction to entertain this suit,” the judge held and proceeded to dismiss the suit. Nwajiuba had sued pursuant to Section 90(3) of the Electoral Act 2022, claiming that Tinubu did not identify the source of the N100miion he used to purchase the expression of interest and nomination forms.
She also alleged that Tinubu submitted false information to INEC. This is the second time the Federal High Court would be dismissing Nwajiuba ‘s suit against Tinubu’s nomination. In a judgment on December 15, Justice Inyang Ekwo (also of the Federal High Court in Abuja) dismissed a the suit marked: FHC/ ABJ/CS/942/ 2022 filed by Nwajiuba and a group, Rights for All International (RAI) seeking to void the nomination of Tinubu and Atiku Abubakar as presidential candidates of the APC and the Peoples Democratic Party (PDP).
This is the second time the Federal High Court would be dismissing Nwajiuba’s suit against Tinubu’s nomination.
In a judgment on December 15, Justice Inyang Ekwo (also of the Federal High Court in Abuja) dismissed the suit marked: FHC/ABJ/CS/942/2022 filed by Nwajiuba and a group, Rights for All International (RAI).
They sought to void the nomination of Tinubu and Atiku Abubakar as presidential candidates of the APC and the Peoples Democratic Party (PDP).
Nwajiuba had among others, prayed the court to name him as a replacement for Tinubu as the candidate of the APC.
— Sahara Reporters