BREAKING: Court Strikes Out Suit Seeking To Disqualify Atiku From 2023 Contest

Written by on February 21, 2022

A Federal High Court in Abuja, on Monday, struck out a suit seeking the disqualification of former Vice President Atiku Abubakar, from contesting the 2023 presidential election.

The suit, marked FHC/ABJ/CS/177, challenged Atiku’s eligibility on the premise that he is not a Nigerian by birth.

Recall that the subject of Atiku’s citizenship came shortly after the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, claimed that the former VP was ‘Cameroonian’ in the build-up to the 2019 elections.

Subsequently, a group under the aegis of the Incorporated Trustees of Egalitarian Mission for Africa (EMN) in the suit, urged the court to determine; “Whether section 25 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), is the sole authority that spells out ways by which a person can become a Nigerian citizen by birth?”

“Whether by the provisions of section 131(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), only a Nigeria citizen by birth can contest for the office of the President of the Federal Republic of Nigeria?”

The group also joined the Independent National Electoral Commission (INEC), the Peoples Democratic Party (PDP) and the Attorney-general of the Federation as respondents in the case.

The Adamawa State government, through its Attorney-General (AG), had on July 27, 2021, sought an order of the court to be joined in the suit. The state government told the court that Atiku was eligible to vie for the office of the president.

Delivering judgement on the case, Justice Inyang Ekwo struck out the suit for want of merit.

Justice Ekwo held that since the plaintiff lacked the locus standi, the court, therefore, did not have the jurisdiction to entertain the case.

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