On September 7, a Federal High Court in Abuja will hear a case that Bola Ahmed Tinubu, the All Progressives Congress (APC) presidential candidate, be disqualified from running in the 2023 elections due to allegations that he presented a falsified certificate.
The plaintiffs, four APC chieftains, requested a court order barring Tinubu from running in or participating in the upcoming 2023 presidential election as an All Progressives Congress candidate due to information he provided to the Independent National Electoral Commission (INEC) as the party's presidential nominee.
See below;;;;;;
"Whether having regard to the provision of sections 1 (3); 4(1)and 2; 14(1),(2)(a), and (c)and 42(1)(a)and (b) of the Constitution of the Federal Republic of Nigeria,1999 (as amended), the provision of section 29(5)of the Electoral Act, 2022 as enacted by the 4th Defendant which modified the provision section 31(5) of the Electoral Act,2010(as amended) is not ultra vires the 4th Defendant and therefore unconstitutional, null, void and of no effect whatever.
"Whether having regard to the decision of the Supreme Court in the case Modibbo Vs Usman (2020) 3 NWLR(PT.1712)470 and the provision of section 137(1)(j) the 3rd Defendant has not presented a forged certificate to the Independent National Electoral Commission (INEC) the 1st Defendant and thereby disqualified from participating in the forthcoming 2023 Presidential General Election.
"They also prayed that upon the favourable determination of the above questions, for the following reliefs:
"A declaration of the Court that the provision of section 29(5) of the Electoral Act,2022 is ultra vires the 4th Defendant and unconstitutional, null, void, and of no effect whatsoever.
"An order of the Court striking out/striking down the provision of section 29(5) of the Electoral Act 2022 from the Electoral Act and the body of extant laws of the Federal Republic of Nigeria same being ultra vires the 4th and 5th Defendants, unconstitutional, null, void and of no effect whatsoever.
"A declaration that the 3rd Defendant has presented a forged certificate to the Independent National Electoral Commission for the purpose of seeking to be elected into the office of President of the Federal Republic of Nigeria.
"A declaration that the 3rd defendant stands disqualified from participating in the 2023 presidential election as a candidate of the 2nd Defendant has presented a forged certificate to the Independent National Electoral Commission for the purpose of seeking to be elected into the office of the President of the Federal Republic of Nigeria.
"An order disqualifying the 3rd Defendant from contesting or participating in the forthcoming 2023 Presidential general election as a candidate of the 2nd Defendant."
The plaintiffs claimed that Tinubu had falsely sworn to an affidavit in 1999 in which he claimed to have attended St. Paul Aroloya Children Home School in Ibadan from 1958 to 1964 and Government College in Ibadan from 1965 to 1968 and presented it to INEC.
The affidavit was 33 paragraphs long and was deposed to by Ibiang Miko Ibiang. They added that Tinubu allegedly tried to hide the fact that this turned out to be incorrect by refusing to provide any details about his primary and secondary schools in his INEC form for the 2023 election.
Goddy Uche, the plaintiff's attorney, informed the court that substituted service was required because all efforts to serve the presidential candidate had failed because he could not be located.
The matter was decided by Justice Ahmed Mohammed, who found that Bola Tinubu should be considered to have received appropriate service of process once it was delivered to the APC National Secretariat.
He also postponed the matter until September 7. The plaintiffs had requested answers to the following queries;
See below;;;;;;
"Whether having regard to the provision of sections 1 (3); 4(1)and 2; 14(1),(2)(a), and (c)and 42(1)(a)and (b) of the Constitution of the Federal Republic of Nigeria,1999 (as amended), the provision of section 29(5)of the Electoral Act, 2022 as enacted by the 4th Defendant which modified the provision section 31(5) of the Electoral Act,2010(as amended) is not ultra vires the 4th Defendant and therefore unconstitutional, null, void and of no effect whatever.
"Whether having regard to the decision of the Supreme Court in the case Modibbo Vs Usman (2020) 3 NWLR(PT.1712)470 and the provision of section 137(1)(j) the 3rd Defendant has not presented a forged certificate to the Independent National Electoral Commission (INEC) the 1st Defendant and thereby disqualified from participating in the forthcoming 2023 Presidential General Election.
"They also prayed that upon the favourable determination of the above questions, for the following reliefs:
"A declaration of the Court that the provision of section 29(5) of the Electoral Act,2022 is ultra vires the 4th Defendant and unconstitutional, null, void, and of no effect whatsoever.
"An order of the Court striking out/striking down the provision of section 29(5) of the Electoral Act 2022 from the Electoral Act and the body of extant laws of the Federal Republic of Nigeria same being ultra vires the 4th and 5th Defendants, unconstitutional, null, void and of no effect whatsoever.
"A declaration that the 3rd Defendant has presented a forged certificate to the Independent National Electoral Commission for the purpose of seeking to be elected into the office of President of the Federal Republic of Nigeria.
"A declaration that the 3rd defendant stands disqualified from participating in the 2023 presidential election as a candidate of the 2nd Defendant has presented a forged certificate to the Independent National Electoral Commission for the purpose of seeking to be elected into the office of the President of the Federal Republic of Nigeria.
"An order disqualifying the 3rd Defendant from contesting or participating in the forthcoming 2023 Presidential general election as a candidate of the 2nd Defendant."
Disclaimer: Comments and opinions on any part of this website are the opinions of blog commenters or anonymous individuals, and do not reflect Strenuousblog.com position.