The Abuja division of the Federal High Court has ordered the Independent National Electoral Commission (INEC) to file its respond to a fresh suit seeking the disqualification of the presidential candidate of the ruling All Progressive Congress (APC), Bola Tinubu, over alleged breach of section 90(3) of the Electoral Act.
In addition, the court further gave its permission to the plaintiff, Incorporated Trustees of Kingdom Human Rights Foundation International, to apply for an order of mandamus against the INEC boss, Prof. Mahmood Yakubu.
Justice Ahmed Mohammed, in his ruling, ordered the INEC chairman, the APC and Tinubu ( first to third) defendants to file their defence before the next hearing date fixed for November 15.
In a suit marked FHC/ABJ/CS/1960/2022, the group, through its lead counsel, 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 first 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 third defendant’s name, Bola Ahmed Tinubu, from the final list of presidential candidates contesting the 2023 presidential election for failure of the second 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 third defendant, Bola Ahmed Tinubu, is not a candidate for the 2023 presidential election.
“He is automatically excluded, expunged, and removed from participating in the 2023 presidential election for failure of the second defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022 in nominating the third defendant as its presidential candidate.
An order of mandamus directing and compelling the first 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 third defendant’s name, Bola Ahmed Tinubu, from the final list of presidential candidates contesting the 2023 presidential election for failure of the second defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022 in nominating the third defendant as its presidential candidate.
“An order nullifying and setting aside as illegal, null and void, the nomination of the third defendant as the presidential candidate of the second defendant for failure of the second defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022.”
