The court also barred Nigerian security agencies from investigating the INEC boss over his asset declaration.
The High Court of the Federal Capital Territory (FCT), Abuja, has quashed a suit filed before it seeking the removal of the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu from office over alleged false asset declaration.
The court also barred Nigerian security agencies from investigating the INEC boss over his asset declaration.
With the 2023 general elections fast approaching, one Somadina Uzoabaka had in an originating summons marked FCT/HC/GAR/CV/47/2022 against the Attorney General of the Federation and Minister of Justice (AGF), Abubakar Malami (SAN) and the Prof. Yakubu, sought among other things “an order of mandatory injunction directing and compelling the INEC chairman to recuse, excuse and exclude himself and/or step down as the Chairman of INEC pending the investigation and consideration of the various allegations against him by the various law enforcement agencies”.
Uzoabaka further sought an order from the court barring the INEC boss from holding or assuming any public office for a period of 10 years.
But Yakubu, who raised a counter-claim against Uzoabaka, presented to the court several exhibits to justify the sources of funds used to purchase the properties which the claimant alleged were illegally acquired.
With the evidence provided in the court, the INEC chairman insisted that his asset declarations were validly done.
The presiding judge, Justice M. A. Hassan, in his decision held that the declaration of assets by Yakubu was lawful, valid and in compliance with the law and that he cannot be investigated by any of the security agencies listed by the Uzoabaka and urged to investigate him.
Justice Hassan, therefore, declined to grant any of the 14 prayers of the claimant and declared that Yakubu cannot be removed over the alleged false asset declaration.
Hence, the judge dismissed the claims of the claimant and sustained the counter-claim of the INEC chairman.
Speaking with journalists after the court ruling, counsel for the INEC chairman, Emeka Obegolu (SAN), said, “By this judicial victory yet again, it is expected that there will be respite for the INEC chairman to focus his attention on the conduct of the 2023 general elections and for those reportedly insisting on his leaving office because of the decision to use the BVAS machine for the election, to use the remainder of the days to campaign. As the court has just declared, Prof. Mahmood goes nowhere.”