An Abuja-based lawyer, Osigwe Momoh has dragged the All Progressive Congress (APC) and the party’s presidential candidate, Bola Ahmed Tinubu, before a Federal High Court sitting in Abuja for fielding presidential and vice-president candidates of the party from the same religion.
The lawyer in the suit seeks an order of perpetual injunction restraining the Independent Electoral Commission (INEC) from publishing the name of the APC presidential candidate in the forthcoming general elections over an alleged violation of the constitution of the Federal Republic of Nigeria.
The plaintiff, in the suit, marked; FHC/ABJ/CS/1188/2022, which has APC, Bola Ahmed Tinubu and INEC as 1st, 2nd and 3rd defendants respectfully, claimed that the party’s decision to pick the party presidential flag bearer and the running mate from the same religion (section) violates the principle and the spirit of the Nigeria Constitution.
In the originating summons, the lawyer argued that 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 tribes and religions in the country.
He wants the court to declare 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 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.
“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.
“An order nullifying the candidacy of APC, Tinubu (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. “
The human rights lawyer requested the Court to restrain the 3rd defendant (INEC) from publishing the candidate of the 1st defendant (APC) as a presidential candidate for the forthcoming 2023 general elections.
The suit has not been assigned to any judge and no date has been fixed for its hearing.