The All Progressives Congress (APC) and the party’s presidential candidate, Bola Ahmed Tinubu, have been sued by Abuja-based attorney Osigwe Momoh for fielding vice-presidential and presidential candidates of the same faith.
The plaintiff’s attorney is requesting a permanent injunction to stop the Independent Electoral Commission (INEC) from announcing the identity of the APC presidential candidate in the next elections since doing so would be against the Nigerian Constitution.
According to the lawsuit with the filing number FHC/ABJ/CS/1188/2022, it is against the letter and spirit of the Nigerian Constitution to choose the Party’s presidential nominee and running mate from the same religious group.
In the original summons, the plaintiff (Osigwe Momoh) claimed that Political Parties were required by chapter two of the 1999 Federal Republic of Nigeria Constitution (as amended) to have their presidential and vice presidential candidates come from various sections (tribal and religious groups) of the country.
Therefore, he requests a declaration that: “by virtue of Sections 14 (1) & (3), 15 and 224(a) of the Federal Republic of Nigeria Constitution of 1999 (as amended), the defendants are bound by the principles of Chapter II of the 1999 Constitution (as amended), and having the presidential and vice presidential candidates of the same religion is unconstitutional and null and void.
“An order nullifying the candidacy of APC, Tinubu (1st and 2nd), 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. “That all Political Parties must, pursuant to 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
The human rights activist asked the court to prevent the 1st defendant (APC) from designating its presidential candidate for the next general elections in 2023 by the 3rd defendant (INEC).
The All Progressives Congress (APC), Bola Ahmed Tinubu, and INEC are the first, second, and third defendants in the lawsuit, respectively.
No date has yet been set for the lawsuit’s hearing.