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Court rules June 12 on suit to unseat Iwu-The Guardian

May 7, 2008
A Federal High Court, sitting in Abuja, has fixed ruling on a suit filed by the Action Congress (AC), seeking the removal of Professor Maurice Iwu as chairman of the Independent National Electoral Commission (INEC). The court's Chief Judge, Justice Abdulahi Mustapha fixed the date after counsel to AC, Professor Alfred Kassumu (SAN) and Iwu's lawyer, Chief Godwin Kanu Agabi (SAN) rounded off arguments in the matter. The AC is asking for a declaration that the appointment of Iwu and his subsequent confirmation by the Senate since May 2005 was "illegal, irregular, unconstitutional, null and void.''

It also sought a consequential order of the court directing Iwu to refund all salaries, allowances and other benefits paid to him during his "illegal" occupation of the position of chairman of INEC. AC premised its request on the allegation that Iwu possessed dual nationality and conflicting declaration of allegiance to a foreign country (USA). The plaintiff alleged that the INEC chief is a citizen of Nigeria by birth but while residing in the United States, he voluntarily applied for and obtained a citizenship of the country.

In an affidavit in support of the suit deposed to by AC's National Secretary, Dr. Usman Bugaje, the party averred that "Iwu obtained a citizenship of USA, obtained an American passport and also swore to an oath of allegiance to the country.'' Specifically, Iwu was said to have registered as a voter in Montgomery County, with his polling address as John F. Kennedy High Scholl, 1901 Randolph Road, Silver Spring MD 20902 Electoral District 13 precinct 002 in the United States.

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