A federal high court in Abuja has fixed September 7 to hear a suit seeking the disqualification of Bola Tinubu, presidential candidate of All Progressives Congress (APC), from contesting in the 2023 elections.
The plaintiffs, four APC chieftains, are asking the court to rule that Tinubu is ineligible to run for president in the 2023 presidential election as the party’s candidate because he allegedly submitted false information to the Independent National Electoral Commission (INEC).
In a 33-paragraph affidavit in support of the suit deposed to by one Ibiang Miko Ibiang, the plaintiffs averred that Tinubu falsely swore to an affidavit in 1999 in which he claimed to have attended St Paul Aroloya Children Home School, Ibadan -1958-64, and Government College, Ibadan -1965-68 and presented the same to INEC.
According to the plaintiffs, the deposition is untrue. They claimed in his INEC form for the 2023 elections, Tinubu refused to include any information about his primary and secondary schools in order to hide the false information he had provided to INEC.
The plaintiffs are praying the court to determine “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 1999 Constitution of the Federal Republic of Nigeria (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 said.
Upon the favourable determination of the questions, the plaintiffs are asking for “a declaration that the 3rd defendant (Tinubu) 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.
Ruling on an ex parte application, Ahmed Mohammed, the judge, granted an order for substituted service on Tinubu after the plaintiffs’ counsel, Goddy Uche, told the court that substituted service has become necessary because all attempts to serve the presidential candidate proved abortive.
The court ordered that court processes should be served on the national secretariat of the APC and that such service shall be deemed as having been properly served on Tinubu.
He adjourned the case to September 7 for a hearing.