Respond to suit seeking to disqualify Tinubu, Court tells INEC

The Independent National Electoral Commission, INEC, has been ordered by the Federal High Court of Nigeria, sitting in Abuja, to respond to a new lawsuit that seeks to disqualify Bola Tinubu, the candidate for president of the ruling All Progressive Congress, APC, for allegedly violating section 90(3) of the Electoral Act.

In a decision written by Justice Ahmed Mohammed, the court also permitted the plaintiff, Incorporated Trustees of Kingdom Human Rights Foundation International, to request an order of mandamus against Prof. Mahmood Yakubu, the head of INEC.

It ordered the INEC chairman, APC and Tinubu, who were all cited as 1st to 3rd defendants in the suit marked: FHC/ABJ/CS/1960/2022, to file their defence before November 15, when it adjourned the matter to, for hearing.

Specifically, the plaintiff, through its team of lawyers led by Mr. Jideobi Johnmary, is praying 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 1st defendant, has deliberately refused 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.

"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.

“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 illegal, null and void, the nomination of the 3rd defendant as the presidential candidate of the 2nd defendant for failure of the 2nd defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022.”

Citizens and civil society organizations support the government in the fight against corruption through a public interest suit of this nature.

"This application is in the overall public interest to promote good governance, public accountability, constitutional democracy and rule of law in nomination of candidate to contest the office of the President of the Federal Republic of Nigeria which is a public office," it added.

On Tuesday, Strenuousblog reported that Mr Tinubu allegedly engaged in drug trafficking and money laundering, according to new records provided by the United States District Court for the Northern District of Illinois.

Due to his involvement in a Chicago drug trafficking case in the early 1990s, Mr. Tinubu, the presidential candidate of the ruling All Progressives Congress and a former governor of Lagos, has been the target of severe political and public criticism.


The 56-page document, which was made public by the district court's Chicago headquarters, did not reveal any significant new information, but it did validate some things that had been mentioned in passing by the media for years.

Following an article published in West Africa Weekly on July 13, journalist David Hundeyin rekindled interest in Mr. Tinubu's history of drug peddling. The documents can be found here.