The All Progressives Congress (APC) and Bola Ahmed Tinubu, the party’s presidential candidate, have been sued by an Abuja-based attorney over the decision to select the vice president of the party for the upcoming 2023 elections from the same religious group as the president.
An order of perpetual injunction prohibiting the Independent National Electoral Commission (INEC) from disclosing the identity of the APC presidential candidate in the upcoming elections is also sought by the attorney in the complaint filed at the Federal High Abuja for violating the Nigerian Constitution.
In the lawsuit designated FHC/ABJ/CS/1188/2022, it was asserted that it was against the letter and spirit of the Nigerian Constitution to choose the party’s presidential candidate and running mate from the same faith (section).
In his original summons, the plaintiff, lawyer Osigwe Momoh, argued that political parties must select their presidential and vice presidential candidates from various sections (tribal and religious groups) of the country in accordance with chapter two of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Therefore, he requests a declaration that “having the presidential and vice presidential candidates of the same religious (sectional group) are unconstitutional and null and void” and that “by virtue of Sections 14 (1) & (3), 15 and 224(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Defendants are bound to the principles of Chapter II of the 1999 Constitution (as amended)”.
” that all Political Parties must by virtue of chapter two of the 1999 Constitution of the Federal Republic of Nigeria (as amended), have their presidential and vice presidential candidate from different sectional (tribal and religious groups) of the nation.
“Nullifying the candidature of the 1st and 2nd Defendants, Same Being unconstitutional and against the spirit and letters of Sections 14 (1) & (3), 15 and 224 (a) of the amended 1999 Constitution of the Federal Republic of Nigeria. ”
As a result, the human rights activists have asked the court to enjoin the 3rd defendant (INEC) from declaring the 1st defendant’s (APC’s) candidate as a presidential candidate for the upcoming 2023 general election.
Osigwe Momoh is the plaintiff in the case, while the All Progressives Congress (APC) is named as the first defendant, followed by Bola Ahmed Tinubu and the INEC as the second and third defendants.
There is currently no scheduled date for the lawsuit.
