'Atiku is eligible to vie for presidency' - Adamawa govt tells court

The Adamawa State Government has told a Federal High Court, Abuja, that former Vice President Atiku Abubakar is eligible to vie for the office of the president.

This was in response to a lawsuit filed by Incorporated Trustees of Egalitarian Mission for Africa (EMA), which has Atiku, Peoples Democratic Party (PDP), Independent National Electoral Commission (INEC) and Attorney General of the Federation (AGF) as 1st to 4th respondents respectively.

EMA's claim of Atiku not being eligible to contest for presidency on the grounds of not being a "Nigerian citizen by birth" was countered by Attorney-General of Adamawa, Afraimu Jingi through his lawyer, Chief L.D. Nzadon.

Nzadon who asked the court to join Adamawa state government in the lawsuit as it is “a public interest suit to ensure that the Constitution of the Federal Republic of Nigeria 1999 (as amended) is complied with in the election of the President of Nigeria", stated that the matter cannot be effectively and conclusively determined unless the Attorney General of Adamawa is joined as a party.

Pointing out that Atiku had been elected as a Governor of Adamawa state in 1999 and served as the vice president of the country between 1999 to 2007, Nzadon averred that citizens of Adamawa in the 12 local government areas; Ganye, Jada, Toungo, part of Mayo-Belwa, part of Fufore, part of Song, part of Hong, Maiha, Mubi-North, Mubi-South, Michika and Madagali are going to be affected by the court judgement.

He said, “Every citizen of Nigeria whatever his ethnic, religious or cultural background or persuasion should have the same right to vie for any political position under the Constitution of the Federal Republic of Nigeria as any other citizen.

“To disenfranchise the citizens of the 12 local government areas of Adamawa State in relation to the office of the Federal Republic of Nigeria is to discriminate against them contrary to Section 42(1)(a), (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended),

“This is a public interest Suit and can best be defended by the Adamawa State Government through its Chief Law Officer, the Attorney General of Adamawa State.

“This cause will be defeated by the non-joinder of the citizens whose civil rights and obligations will be affected in violation of Section 36(1) of the 1999 Constitution (as amended).

“The citizens of Adamawa in the 12 local government areas ought to have been joined as necessary parties to this suit but were not.

“The presence of the said citizens is necessary to enable the court to effectually and conclusively adjudicate upon and settle the questions involved in the action.

“The government and people of Adamawa State have a greater interest in this suit than the 4th respondent (AGF).

“It is the constitutional responsibility of the Adamawa Government to advance and protect the political, social and economic interests of the citizens of Nigeria from Adamawa State.

“The applicant is a necessary party to this suit without whose joinder the citizenship issues affecting the indigenes of Adamawa State from the 12 of the 21 local government areas in the state can not be determined with finality."

Justice Ekwo who granted the prayer as counsel to other parties in the suit did not oppose the motion, gave the applicant seven days to file and serve all their processes.

Ekwo then adjourned the case till September 27 for a hearing of the substantive suit.