2023: Court dismisses suit challenging Atiku’s citizenship, eligibility

The Federal High Court sitting in Abuja, on Monday, struck out a suit that sought to disqualify former Vice President, Atiku Abubakar, from vying for the presidency in 2023 on the basis that he is not a Nigerian by birth.

A group under the aegis of the Incorporated Trustees of Egalitarian Mission for Africa had filed the suit.

It had 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 Nigerian citizen by birth can contest for the office of the President of the Federal Republic of Nigeria.”

However, the court, in the judgment delivered by Justice Inyang Ekwo struck out the suit for want of merit.

The court held that the plaintiff, which it described as “busy body”, lacked the locus standi to institute the action.

Justice Ekwo held that since the plaintiff lacked the requisite jurisdiction to entertain the case, adding that the reliefs the plaintiff sought before the court were outside the scope of its registration as a Non-Governmental Organization.

The group, through its lawyer, Mr Akinola Oladimeji, has vowed to take the matter to the Court of Appeal.

The plaintiff said, “While we commend the court for the wealth of industry of the presiding judge, it is quite instructive that though the matter was merely struck out, same can be refiled. However, our Client has instructed us to appeal the said decision to the Court of Appeal.

“As a civil society organisation established for the enthronement of rule of law and supremacy of the Constitution, our client is resolute on ensuring that the law of the land must be strictly adhered to by all comers which is part of the mandate of the Incorporated Trustees of Egalitarian Mission of Africa.”