The presidential candidate of the All Progressives Congress (APC), Bola Ahmed Tinubu, has on Wednesday asked a Federal High Court, Abuja, to dismiss a suit seeking his nullification from the 2023 general election.
The former Lagos Governor, through his counsel Lateef, told Justice Binta Nyako that the plaintiff; the Incorporated Trustees of Kingdom Human Rights Foundation International had no legal right to file a case against the APC flag bearer.
Nyako described the plaintiff as a meddlesome interloper who was neither a political party nor a candidate in the poll.
The group had sued the Independent National Electoral Commission (INEC) chairman, the APC and Tinubu as 1st to 3rd defendants respectively.
In an originating motion on notice, marked: FHC/ABJ/CS/1960/22, the group sought an order of mandamus directing INEC to exercise its statutory power in accordance with Section 84(13) of the Electoral Act 2022 to immediately expunge Tinubu’s name from its final list of presidential candidates contesting the 2023 poll.
The plaintiff filed the suit under the premise that the APC failed to comply with the mandatory provisions of Section 91(3) of the Electoral Act 2022 which stipulates that a political party shall not receive any contribution of cash or kind exceeding N50 million without showing the source of the contribution to INEC, among others
However, the defendant, in a preliminary objection filed by his lead counsel, Lateef Fagbemi, SAN, prayed the court to dismiss the suit for being incompetent.
In a 14-ground argument, Tinubu’s counsel insisted that the suit which questioned his clients eligibility in contesting for the 2023 presidential election on the ground that the APC failed and/or neglected to identify the source of the N100 million which he paid for his expression of interest and nomination form was non-justiciable.
Fagbemi argued that the suit was statute barred as the plaintiff had failed to bring their claim against Tinubu within the 14-day period stipulated by the 1999 Constitution (as amended)..
He therefore stated that the court lacked the jurisdiction to hear the case.
He further argued that the plaintiff’s originating process is incompetent as the nomenclature “Originating Motion on Notice” is a process appropriate for a pre-election matter.
Justice Nyako fixed Jan. 27 for judgment after counsel to the plaintiff, Johnmary Jideobi; APC lawyer, Audu, and Fagbemi, who appeared for Tinubu, adopted their processes and presented their arguments for and against the suit.
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