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Lawyers sue INEC, AGF, APC, PDP, LP, seek Atiku, Tinubu, Obi’s disqualification

Three Abuja-based lawyers yesterday dragged the Independent National Electoral Commission (INEC) before a Federal High Court sitting in Abuja, seeking an order against the electoral body nottoacceptthenomination of Senator Bola Tinubu, Alhaji Atiku Abubakar and Peter Obi, as presidential candidates in the 2023 general elections.

The Plaintiffs premised their suit on ground that Tinubu, Atiku and Obi were unlawfully nominated by their respective political parties. Plaintiffs in the suit marked FHC/ABJ/ CS/1004/2022 are: Ataguba Aboje, Oghenovo Otemu and Ahmed Yusuf. Also cited as defendants in the suit instituted on June 29 were: AttorneyGeneralof the Federation(AGF), AllProgressivesCongress( APC), Peoples Democratic Party (PDP) and LabourParty(LP) as1stto5th defendants respectively. In the suit filed on their behalf by Ataguba Aboje, the plaintiffs are contending thatAPC, PDPandLPcontravened provisions of the 1999 Constitution and the Electoral Act, 2022, in the conduct of the primary elections that produced their presidential candidates. Among others, they are contending that the three partiesfloutedthelawbytheir failure to nominate their vice presidentialcandidatesbefore the conduct of their primary elections as required by law. Other issues they want the court to determine are whether by the provisions of Sections131,141and142of the 1999Constitution, theofficeof the Vice President of Nigeria is an elective office subject to the same qualification for the office of the President of Nigeria.

They also asked the court to determine whether by the provisionsof Sections131, 141 and 142 of the Constitution and Sections 29, 32, 84 and 152 of the Electoral Act, 2022, a candidateforanelectiontothe office of the Vice President in Nigeriamustbesponsoredby a political party and whether in view of thesame provisions a candidate for an election to the office of the President can be deemed to be validly nominated and declared winner of a primary election without first nominating associate from the same political party fortheofficeof VicePresident and both of them participating in the primary. Plaintiffs further want the court to determine whether in view of the same provisions of the laws, INEC can accept from a political party, nomination of a candidate for election to the office of the President who participated alone in the primary election without nominating anothercandidate as associate from the same political party to occupy the office of the Vice President.

Upon determination of the issues, the lawyers want the court to make a declaration that the office of the Vice President is an elective office subject to the same qualification as the office of the Presi-dent and another declaration that a candidate for an election to the office of the Vice President must be sponsored by a party in accordance with Section84of theElectoralAct2022. Similarly, the lawyers seek a declaration that APC, PDP and LP candidates for the office of the Vice President must participate together with their respective candidates for the election to the office of the President in their primaries before they can be deemed validly elected.

They also sought another declaration that the presidential candidates who did not participate together with their respective associates for the office of Vice President in the primaries were invalidly nominated. They therefore applied for an order restraining INEC from recognising Tinubu, Atiku and Obi for failing to comply with the mandatory provisions of Sections 131 and 142 of the 1999 Constitution as well as Sections 29, 32, 84 and 152 of the Electoral Act 2022. Meanwhile, no date has been fixed for hearing of the sui

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