The Federal High Court sitting in Abuja, has directed the Independent National Electoral Commission, (INEC) to respond to a fresh suit that is seeking to disqualify the All Progressive Congress (APC) presidential candidate, Asiwaju Bola Ahmed Tinubu, over alleged breach of section 90(3) of the Electoral Act.
The court, in a ruling that was delivered by Justice Ahmed Mohammed, equally granted leave to the plaintiff, Incorporated Trustees of Kingdom Human Rights Foundation International, to apply for an order of mandamus against the INEC chairman, Professor Mahmood Yakubu.
The Federal High Court ordered the INEC Chairman, the APC and Tinubu, who were all cited as 1st to 3rd defendants in the suit marked: FHC/ABJ/CS/1960/2022, to file their defence before November 15th, when it adjourned the matter to, for hearing.
The plaintiffs, through its team of lawyers led by Mr. Jideobi Johnmary are praying that the Court should disqualify Asiwaju Tinubu from participating in the fast approaching 2023 general elections.
The plaintiff argued that by the provision of section 90 act 3 of the 2022 Electoral Act, no political party in Nigeria is allowed to receive any contribution, of cash or kind, exceeding 50 million naira, without showing the source of the contribution to INEC.
According to the Plaintiffs, the All Progressive Congress (APC) is advertising for contributions from its members through payment of forms into the party’s accounts by various members desiring to contest for various elections under its platform.
The plaintiffs said that Tinubu had picked his form through his supporters led by James Faleke, Dayo Adeyeye and Babachir Lawal and he paid 100 million naira cheque/bank draft to APC.
The plaintiffs further explained that APC had actually received 100 million naira from aspirants for the office of President under the platform.
APC had also failed to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022 in nominating Tinubu as its presidential candidate for the 2023 presidential election.
The plaintiffs also said that they had to proceed to the Federal court after INEC refused to act on their petition.