A lawyer from Abuja named Osigwe Momoh has brought the All Progressives Congress and its presidential candidate Bola Tinubu before the Federal High Court in the Federal Capital Territory over their Muslim/Muslim ticket.
In violation of the Nigerian Constitution, Momoh is requesting a court injunction prohibiting the Independent Electoral Commission (INEC) from releasing Tinubu’s name prior to the 2023 presidential election.
The Muslim/Muslim ticket of the ruling party is allegedly in violation of the letter and spirit of the Nigerian Constitution, according to the lawsuit with the file number FHC/ABJ/CS/1188/2022.
The attorney who filed the initial summons contended that political parties were required by chapter two of the Federal Republic of Nigeria’s 1999 Constitution (as amended) to select their presidential and vice presidential candidates from various sectional, (tribal and religious) groups within the country.
Therefore, he requests a declaration that: “by Sections 14 (1) & (3), 15 and 224(a) of the Federal Republic of Nigeria Constitution of 1999 (as amended), the defendants are bound by the principles of Chapter II of the 1999 Constitution (as amended), and having the presidential and vice presidential candidates of the same religion is unconstitutional and null and void.
“That all political parties must, in accordance with Chapter 2 of the Federal Republic of Nigeria’s 1999 Constitution (as amended), nominate candidates for president and vice president who represent various sections (tribal and religious groupings) of the country.
The order reads, “An order nullifying the candidacy of APC, Tinubu (1st and 2nd), same being unconstitutional and against the spirit and letters of Sections 14 (1) & (3), 15 and 224 (a) of the revised 1999 Constitution of the Federal Republic of Nigeria.”
The hearing for the lawsuit has not yet had a date set.