Justice Binta Nyako fixed the date on Wednesday when the case resumed in court.
The Federal High Court sitting in Abuja has fixed January 27, 2023, for ruling on the suit challenging the candidacy of Bola Tinubu, the presidential candidate of the ruling All Progressives Congress (APC) in the 2023 general elections.
Justice Binta Nyako fixed the date on Wednesday when the case resumed in court.
A group - the Incorporated Trustees of Kingdom Human Rights Foundation International had sued the Independent National Electoral Commission (INEC) Chairman, the APC and Tinubu as 1st to 3rd defendants, seeking the disqualification of Tinubu from contesting the 2023 presidential election.
According to the News Agency of Nigeria (NAN), the group in an originating motion on notice marked: FHC/ABJ/CS/1960/22, sought an order of mandamus directing INEC to exercise its statutory power in accordance with Section 84(13) of the Electoral Act 2022 to immediately expunge Tinubu’s name from its final list of presidential candidates contesting the 2023 poll.
The group premised its position on the failure of the APC to comply with the mandatory provisions of Section 91(3) of the Electoral Act 2022 which stipulates that a political party shall not receive any contribution of cash or kind exceeding N50 million without showing the source of the contribution to INEC, among others
However, the former Lagos State governor in a preliminary objection filed by his lead counsel, Lateef Fagbemi (SAN), urged the court to dismiss the suit on the ground of incompetence.
Tinubu’s counsel who gave a 14-ground argument said the suit challenges his client’s eligibility in contesting for the 2023 presidential election on the ground that the APC failed and/or neglected to identify the source of the N100 million which he paid for his expression of interest and nomination form.
He described the suit as non-justiciable and argued that the suit was statute barred as the plaintiff had failed to bring their claim against Tinubu within the 14-day period stipulated by the 1999 Constitution (as amended).
He further noted that the court lacked jurisdiction to entertain the case.
Fagbemi told Justice Nyako that the plaintiff was neither a political party nor a candidate in the poll, arguing that it lacked the locus standi (legal right) to institute the case, which invariably challenged the political party’s decision and its internal affairs.
Fagbemi’s argument was affirmed by the lawyer for the APC, Ibrahim Audu.
After the lawyers adopted their processes and presented their arguments for and against the suit, Justice Nyako fixed January 27, 2023, for judgment.