Court declines to disqualify Tinubu, APC

... Over Muslim/Muslim ticket

*St Paul Aroloya primary school never existed, plaintiff tells court, *As court okays suit to compel IGP to investigate him

THE Federal High Court sitting in Abuja yesterday declined to disqualify the All Progressives Congress, APC, for nominating two Muslims to contest the impending election as its president and vice presidential candidates.

An Abuja based legal practitioner,  Mr. Osigwe Ahmed Momoh, had approached the court to bar both Bola Ahmed Tinubu and Kashim Shettima from participating in the forthcoming presidential contest as flag-bearers of the APC.

This came on a day a group, under the aegis of the Incorporated Trustees of Advocacy for Social Right Advancement and Development Initiative, ASRADI, approached the Federal High Court, Abuja, alleging that  St. Paul Aroloya Primary School, Lagos, which the presidential candidate of  All Progressives Congress, APC, Bola Tinubu, claimed to have attended, was never in existence.

The Plaintiff on the Muslim-Mulsim ticket case had argued that the nomination of two Muslims for the election by the party, was unconstitutional and against the spirit and letters of Sections 14, 15 and 224 of the 1999 Constitution, as amended.

The plaintiff, who described himself as an apostle of the rule of law and social justice, maintained that the Muslim-Muslim ticket of the APC, was in breach and contrary to the spirit of national cohesion, integration and unity.

He, therefore, prayed the court for an order of perpetual injunction to restrain the Independent National Electoral Commission, INEC, from publishing the name of the APC and its presidential candidate, for the purpose of the 2023 elections.

While identifying Tinubu as “a staunch adherent and practitioner of the Islamic religion”, he said it was wrong for the party to also allow him to chose Shettima, another “staunch adherent of the Islamic faith”, as  his running mate for the election.

“I know as a fact that the 1st and 2nd Defendants have a duty in nominating a joint ticket for the Presidential and Vice-presidential candidate, they owe a constitutional duty, to uphold the principles of social justice, equity, national cohesion and unity of Nigeria.

“I know as a fact that the nomination of muslims as Presidential and Vice-Presidential Candidate, in a country with diverse religious inclinations, runs counter to the spirit of national cohesion, integration and unity.’’

However, in his judgement yesterday, Justice Ahmed Mohammed, held that the Plaintiff lacked the locus standi (legal right) to institute the action.

He held that the Plaintiff, not being a member of the APC or someone that participated in the process that led to the emergence of Tinubu and Shettima, could not challenge their nomination. Justice Mohammed upheld a preliminary objection that was filed by the Defendants and dismissed the suit.

Meanwhile, a group, under the aegis of the Incorporated Trustees of Advocacy for Social Right Advancement and Development Initiative, ASRADI, yesterday approached the Federal High Court, Abuja, alleging that  St. Paul Aroloya Primary School, Lagos, which the presidential candidate of  All Progressives Congress, APC, Bola Tinubu, claimed to have attended, was never in existence.

Consequently, the plaintiff, through its team of lawyers, led by Mr. Chukwunweike Okafor, obtained permission of the court to file an application for an order of Mandamus to compel the Inspector General of Police, IGP, Usman Baba, to investigate Tinubu for allegedly lying on oath.

It told the court that the APC flag-bearer also claimed that the school was his alma-mater, in documents he submitted to the Independent National Electoral Commission, INEC, in 1999.

Therefore, ASRADI, in its ex-parte motion marked: FHC/ABJ/CS/2197/2022, which was granted by Justice  Mobolaji Olajuwon, sought for leave of the court to file an application for an order of judicial review, compelling the IGP to investigate Tinubu in respect of the educational qualification claims he submitted to INEC.

The group told the court that the application was necessitated by repeated refusal by the IGP to investigate a petition it brought against the APC candidate.

It told the court that it had in a letter dated November 1, 2022, which was signed by its Executive Director, Mr. Adeolu Oyinlola, urged the IGP to commence investigate on its allegation “within two weeks of the receipt of this correspondence, and initiate prosecution if it is established that he swore to an affidavit – knowing full well that what he stated therein was and is false”.

In the letter titled: “Investigation of Bola Ahmed Tinubu for Lying on Oath”, ASRADI, said its findings revealed that the APC presidential candidate “lied on oath in every material particular. As a matter of fact, St. Paul Aroloya (Lagos) has never existed”, it added.

The Applicant argued that the non-disclosure by Tinubu in the INEC Form CF 001 of the qualification he got in respect of the primary school he attended after stating that he attended St. Paul Aroloya, Children Home School Ibadan, from 1958 to 1964, was a gap that needed to be investigated, as the said school never existed.

Maintaining that the IGP is under constitutional and statutory obligation/duty to investigate Tinubu for the alleged offence of perjury, the Applicant said it would be in the interest of justice for the court to compel the police to look into the matter.

In his ruling, Justice Olajuwon granted the Applicant the leave to file for an order of Mandamus to be issued against the IGP, even as he adjourned the matter till February 16 for hearing.

Culled from Vanguard