On Friday, January 27, 2023; the Federal High Court in Abuja declined to grant a mandamus order for the Independent National Electoral Commission, INEC, to strike Bola Tinubu, the APC’s flag bearer, from the list of eligible candidates for the next presidential election.
In a decision written by Justice Binta Nyako, the court dismissed the lawsuit that claimed Tinubu’s nomination as the APC’s presidential candidate violated section 90 (3) of the Electoral Act of 2022’s required requirements.
A non-governmental organisation operating under the auspices of the Incorporated Trustees of Kingdom Human Rights Foundation International filed the lawsuit, which has the case number FHC/ABJ/CS/1960/2022.
Incorporated Trustees of Kingdom Human Rights Foundation International was found to lack locus-standi (legal standing) to bring the lawsuit since it was not a recognised political party in the nation and the plaintiff had previously filed a similar lawsuit that was dismissed for lack of substance.
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Despite accusing the plaintiff of abusing the legal system by taking several actions, the court commended Mr. Jideobi Johnmary, the plaintiff’s attorney, for his knowledge.
The plaintiff did not have the legal authority to bring the lawsuit, thus the court determined that none of the arguments it made against Tinubu needed to be taken into account.
The plaintiff had specifically asked the court for “A declaration that, having regard to the clear, unambiguous, and express provisions, sprit, and tenor of Section 90 (3) read alongside Section 84 (13) of the Electoral Act 2022, the First Defendant has deliberately refused to exercise the powers, mandate, and statutory duty/obligation bestowed upon him in Section 84 (13) of the Electoral Act 2022, to immediately exclude, expunge, and remove the name of the Third
“A declaration that by operation of law and having regard to the clear, unambiguous and express provisions, sprit and tenor of Section 90 (3) read alongside section 84 (13) of the Electoral Act 2022, the 3rd defendant Bola Ahmed Tinubu, is not a candidate for the 2023 Presidential election, and he is automatically excluded, expunged, and removed from participating in the 2023 presidential election for failure of the 2nd Defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022 in nominating the 3rd defendant as its presidential candidate.
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“An order of mandamus directing and compelling 1st defendant to exercise the powers, mandate and statutory duty/ obligation bestowed on him in section 84 (13) of the Electoral Act 2022, to immediately exclude, expunge and remove the 3rd Defendant’s name Bola Ahmed Tinubu from the final list of presidential candidates contesting the 2023 presidential election for failure of the 2nd Defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022 in nominating the 3rd defendant as its presidential candidate”.
“An order nullifying and setting aside as unlawful, null, and invalid the nomination of the third defendant as the presidential candidate of the second defendant due to the second defendant’s inability to comply with the statutory requirements of section 90 (3) of the Electoral Act 2022.”
According to the plaintiff’s justification for bringing the lawsuit, section 90 (3) of the 2022 Electoral Act prohibits political parties in Nigeria from accepting donations of more over N50 million without disclosing their funding source to INEC.
The APC and Tinubu, who were listed as the suit’s second and third defendants, respectively, submitted preliminary objections to contest the suit’s legality.
Since the lawsuit was not filed within 14 days of Tinubu’s name being submitted to the INEC, the defendants claimed that it was not justiciable and that it was thus time-barred.
So they requested that the court dismiss the lawsuit and decline to exercise its authority.
