Paschal Emeka, Abuja
Justice Ahmed Ramat Mohammed of the Federal High Court in Abuja has dismissed a suit seeking disqualification of the All Progressives Congress (APC) and Bola Ahmed Tinubu over their Muslim-Muslim candidacy for the 2023 presidential election.
The suit instituted by an Abuja-based legal practitioner, Mr. Osigwe Ahmed Momoh was thrown out by the judge on grounds of lack of locus stand by the plaintiff.
Justice Mohammed held that the lawyer not being a member of APC and having not participated in the process that produced Tinubu and his running mate, Kashim Shetima cannot query them on the nominations.
The legal practitioner had in the suit prayed the court for an order nullifying the candidature of APC and Tinubu from participating in the presidential election on the ground that the nomination of Muslim-Muslim candidacy is unconstitutional and against the spirit and letters of sections 14, and 15 and 224 of the 1999 Constitution.
The lawyer, who claimed to be an apostle of the rule of law and social justice, argued that the Muslim-Muslim candidacy runs counter to the spirit of national cohesion, integration, and unity.
He asked the court for an order of perpetual injunction to the Independent National Electoral Commission (INEC) from publishing the name of APC and its presidential candidate for the purpose of the 2023 election.
However, in his judgment, Justice Mohammed disagreed with the plaintiff on the legal right to institute the case and subsequently dismissed it in its entirety.
Justice Mohammed while upholding the preliminary objection of APC and Tinubu, however, did not award any cost against the plaintiff.
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