2023: Big Trouble as Buhari's ex-minister presents evidence, files suit to disqualify Tinubu, Atiku

The Federal High Court was on Friday, September 30, called upon to disqualify Asiwaju Bola Ahmed Tinubu's candidacy ahead of the 2023 presidential election.

According to The Cable, the lawsuit was filed at the court by Chukwuemeka Nwajiuba, the immediate past minister of state for education.

The former minister told the court that Atiku and Tinubu were involved in vote-buying during the presidential primaries

In his suit, Nwajiuba argued that Tinubu, the presidential candidate of the All Progressives Congress (APC), violated electoral laws during the ruling party's primary election.

The former minister, through his lawyer, Okere Nnamdi, told the court that the primary that produced Tinubu as the APC's candidate was marred with untold corruption as one of the aspirants, Rotimi Amaechi (ex-minister of transportation) complained that most delegates sold their votes.

To back up his claim, Nwajiuba attached video evidence to his suit in which Amaechi was bitterly complaining about vote-buying.

Tinubu's academic qualifications, source of riches questioned again Moreover, the plaintiff brought up the issue of the former Lagos governor's academic qualifications and his source of income.

Nwajiuba prayed the court to declare that Tinubu “who had previously sworn an affidavit in the INEC nomination form declaring that he lost his primary and secondary school documents and benefitted therefrom, cannot in a later affidavit deny and abandon same facts deposed in the previous affidavit and thus falsely contradicting his academic qualifications”.

Copies of the affidavits Tinubu signed while running for governor of Lagos state on the platform of the Alliance for Democracy (AD), were supplied by the former minister's lawyer.

Part of the suit read: “That the entire circumstances surrounding the two depositions of the 3rd defendant point to the fact that they are false and misleading and cannot be relied upon.

“That the possession of a higher degree does not substitute the minimum requirement of law, where the minimum academic requirement is manifestly absent by an avowed fact.

“That the possession of a higher education qualification such as a first degree or masters degree is predicated on the minimum educational qualification as provided in the Constitution.”

Among other requests, the plaintiffs prayed the court to determine “whether the APC is exempted from compliance with section 90(3) of the Electoral Act 2022, having presented the 3rd defendant (Tinubu) as its presidential candidate to the 6th defendant (INEC), and the 6th defendant accepted and published same, being the name of a person whose source of N100m contribution fee for the nomination form and expression of interest form was not verified”.

They also want the court to determine “whether the constitutional provision prescribing the academic qualification of candidates and prescribing minimum qualification of school certificate or its equivalent has been complied with by the 3rd defendant who, on oath, has admitted that he does not possess such minimum qualification prescribed in the 1999 Constitution of Nigeria”.

The suit also prayed the court to disqualify Atiku Abubakar, candidate of the Peoples Democratic Party (PDP), over breach of the electoral act. Other defendants in the matter are the APC, PDP, AGF Abubakar Malami, and the Independent National Electoral Commission (INEC).

Alleging that Atiku was involved in vote-buying like Tinubu, the plaintiff prayed the court to determine “whether the conduct of the 3rd and 4th defendants (Tinubu and Atiku) and their agents, who by way of corrupt inducement of delegates with US Dollars, which being a foreign currency and non-legal tender in Nigeria under the CBN Act, and the possession which requires declaration under the EFCC Act, used the Dollars for inducement of votes in favour of the 3rd and 4th defendants, have rendered the votes of such delegates cast in favour of the 3rd and 4th defendants at the 1st and 2nd defendant’s special conventions illegal, void and invalid and of no effect whatsoever; and thus inhibiting the 3rd and 4th defendants from benefiting from the proceeds of their own gross illegalities”.

After hearing the prayers, the presiding judge, Justice Inyang Ekwo, ordered service of all the relevant court processes as well as hearing notices on all the defendants in the matter.

Moreover, Justice Ekwo also fixed Thursday, October 6, for hearing of the suit.