There is growing tension in the ruling All Progressives Congress (APC) as a Federal High Court sitting in Abuja, has directed the Independent National Electoral Commission, INEC, to respond to a fresh suit that is seeking to disqualify its presidential candidate, Bola Tinubu, over alleged breach of Section 90(3) of the Electoral Act.
The court, in a ruling delivered by Justice Ahmed Mohammed, equally granted leave 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.
It ordered the INEC Chairman, APC and Tinubu, who were all cited as 1st to 3rd defendants in the suit marked: FHC/ABJ/CS/1960/2022, to file their defence before November 15, when it adjourned the matter for hearing.
“A declaration that by operation of law and having regard to the clear, unambiguous and express provisions, spirit and tenor of Section 90 (3) read alongside section 84 (13) of the Electoral Act 2022, the 3rd defendant Bola Ahmed Tinubu, is not a candidate for the 2023 Presidential election, and he is automatically excluded, expunged, and removed from participating in the 2023 presidential election for failure of the 2nd Defendant to comply with the mandatory provisions of Section 90 (3) of the Electoral Act 2022 in nominating the 3rd defendant as its presidential candidate.
“An order of mandamus directing and compelling 1st 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 3rd Defendant’s name, Bola Ahmed Tinubu, from the final list of presidential candidates contesting the 2023 presidential election for the failure of the 2nd Defendant to comply with the mandatory provisions of Section 90 (3) of the Electoral Act 2022 in nominating the 3rd defendant as its presidential candidate.
“An order nullifying and setting aside as illegal, null and void, the nomination of the 3rd defendant as the presidential candidate of the 2nd defendant for failure of the 2nd defendant to comply with the mandatory provisions of Section 90 (3) of the Electoral Act 2022.
“Citizens and civil society organisations support the government in the fight against corruption through a public interest suit of this nature.
“This application is in the overall public interest to promote good governance, public accountability, constitutional democracy and rule of law in nomination of candidates to contest the office of the President of the Federal Republic of Nigeria which is a public office,” it added.
Interpretation
Section 90(3) of the Electoral Act states:
“A political party shall not accept any monetary or other contribution which is more than N50,000,000 unless it can identify the source of the money or other contribution to the Commission.”
Section 84 (13) of the Electoral Act states:
“Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.”
Drug dealing
Tinubu is having to deal with old troubles as he seeks to succeed Muhammadu Buhari as Nigeria’s leader next year. On Tuesday, reports made the rounds that a U.S. court has just released certified true copies of Tinubu’s alleged drug dealing, money laundering case in the State of Chicago.
The United States District Court judgement from the Northern District of Illinois, took possession of Tinubu’s money over his involvement in drug trafficking.
The judgement docketed on July 26, 1993, and certified by Thomas O. Burton, the clerk of the court, indicted Tinubu for heroin trafficking in the State of Illinois through a proxy organisation owned by Adegboyega Mueez Akande; and subsequently forfeited the proceeds of the crime to the U.S. government.