Politics

Court fixes date for judgment in suit challenging Atiku’s eligibility to contest presidency

Published

2 years ago

December 7, 2021

A Federal High Court, Abuja, on Monday, fixed Feb. 21, 2022, for judgment in a suit seeking to challenge former Vice-President Atiku Abubakar’s eligibility to vie for the office of the president.

Justice Inyang Ekwo fixed the date after taking arguments from counsel to the parties in the suit.

The News Agency of Nigeria reports that a group, an Incorporated Trustees of Egalitarian Mission for Africa (EMA), in a suit marked: FHC/ABJ/CS/177/2019 had sued Atiku, Peoples Democratic Party (PDP), Independent National Electoral Commission (INEC) and Attorney General of the Federation (AGF) as 1st to 4th respondents respectively

EMA is challenging Atiku’s eligibility to contest for presidency on the grounds that he was not a Nigerian citizen by birth.

The group asked the court to hold, among others, that considering the provisions of Sections 25(1) &(2) and 131(a) of the constitution and the circumstances surrounding the former vice president’s birth, he cannot contest for the top office.

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NAN also reports that the Adamawa State Government, through its Attorney-General (AG), had, on July 27, sought an order of the court to be joined in the suit.

The court, in the motion dated April 26 and filed June 24, granted the prayer of the AG of Adamawa to be joined in the case as 5th defendant.

The Adamawa government had told the court that Atiku was eligible to vie for the office of the president.

It said Atiku, against whom the suit was primarily directed, is a citizen of Nigeria from Adamawa who had been elected as a governor of the state in 1999 and served as the vice president of the country between 1999 to 2007.

It stated that the suit threatened the right of not just the ex-vice president to contest the office of the president “but that of the citizens of Nigeria, of Adamawa origin covering 12 out of the 21 Local Government Areas in the state.”

When the matter was called on Monday, Counsel to the plaintiff, Akinola Oladimeji, informed that the matter was slated for hearing of his originating summons.

“We have amended originating summons in response to 1st to 5th defendants counter affidavits,” he said.

Eyitayo Jegede, SAN, who appeared for Atiku (1st defendant), said a notice of preliminary objection was filed.

Jegede, after withdrawing two motions earlier filed, one of which challenged the jurisdiction of court, urged the court to dismiss the plaintiff application.

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He argued that a previous case relied upon by the applicant in filing the suit did not relate with the matter at hand.

The senior lawyer also argued that the matter was already stale as it was tied to 2019 election, in which his client vied for the election, challenged the poll and was unsuccessful.

He said this defined the futility of the plaintiff case.

Corroborating Jegede’s submission, counsel to the 2nd defendant (PDP), Adedamola Falokun, said he also filed a notice of preliminary objection.

He described the matter as a preelection matter, urging the court not to waste its time on it.

“I stand in alignment with the learner SAN that this matter is stale.

“They filed this before 2019 election that the 1st defendant (Atiku) should not be cleared.

“The 1st defendant had been cleared, he contested and lost in the election. And you are still talking about 2019 when we are in 2021 and in few days, we will be in 2022,” he said.

The lawyer argued that there was no single line in the plaintiff application that specifically stated on good ground why Atiku could be debarred from being cleared from contesting election.

He urged the court to dismiss the suit with punitive cost against the plaintiff.

Also lawyers to the 4th (AGF) and 5th (AG of Adamawa) defendants also presented their arguments in the matter.

The plaintiff lawyer, Oladimeji, disagreed with counsel to the defendants.

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He said the suit sought to know the citizenship of Atiku.

He clarified that the suit was not a preelection one.

“For the purposes of clarity, a preelection matter is filed by an aspirant in an election.

“The plaintiff is not an aspirant, it is only seeking an interpretation into the questions raised,” he said.

Oladimeji argued that even though Atiku was said to have been born in Nigeria, he was not a Nigerian citizen.

He stated that for the fact that the mistake had, been done in time past did not mean that this should continue.

He said the interest of the group was for the court to interpret the constitution within the ambit of the law.

Justice Ekwo adjourned the matter until Feb. 21, for judgment.

The Eagle

Related Topics:Atiku court eligibility Featured judgment Presidency Suit

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Politics

Damagum to continue as PDP national chairman until August – NEC

Published

15 hours ago

April 19, 2024

Trends Admin

Damagum to continue as PDP national chairman until August – NEC

National Executive Committee (NEC) of the Peoples Democratic Party (PDP) says it will revisit the leadership crisis in the party by August this year.

This therefore means the acting national chairman of the party, Ambassador Iliya Damagum, will remain in the office until the next NEC meeting in August, according to the party.

Bauchi State Governor and the Chairman of the Peoples Democratic Party (PDP) Governors’ Forum hinted on Thursday that the party would look into the demand of the North Central for the national championship position then.

He spoke after the NEC meeting at the national headquarters of the party in Abuja.

The governor said, “You can see there was no dissension and rancour. It was planned that the party will have an implosion. PDP is more than that, we have given beyond all these. This party is a united party that is guided by experience and constitutionality.

“In the next two months, you will see a lot of activities, leadership is a responsibility, when we will have come out of our congresses, we will look at the issues of leadership. We will look at the constitution and we will do it with no rancor.”

National Publicity Secretary of the party, Debo Ologunagba, also said because of the need for reconciliation the issue of the National Chairman would be revisited in August when another NEC will be expected to take place.

He said, “Our party emphasizes the need for reconciliation and stability within the party at this time. Therefore, the issue of the National Chairman, Amb Iliya Damagum, has been deferred to the next NEC meeting, which is tentatively scheduled for August 15, 2024.”

Politics

Breaking: Saraki loyalist, Senator Rafiu Ibrahim, dies at 57

Published

3 days ago

April 17, 2024

Trends Admin

Breaking: Saraki loyalist, Senator Rafiu Ibrahim, dies at 57

A top politician, Senator Rafiu Ibrahim, has died at the a prime age of 57.

Ibrahim, an ally of former Senate President Senator Bukola Saraki, reportedly died early Wednesday morning in a hospital in Abuja.

Newstrends learnt from a family source that Ibrahim died after a brief illness.

Rafiu Ibrahim from Ojoku, Kwara State, was a member of Kwara State House of Assembly in 2009.

He was later elected in April 2011 to represent Ifelodun/Offa/Oyun Federal Constituency in the House of Representatives of Nigeria in the 7th National Assembly.

Ibrahim became a senator in 2015 when he was elected to represent Kwara South Senatorial District.

He however lost his re-election bid into the 9th National Assembly to Lola Ashiru of the All Progressive Congress (APC) in the 2019 general elections.

Politics

PDP: 60 Reps stop Wike group from endorsing Damagun

Published

3 days ago

April 17, 2024

Trends Admin

Nyesom Wike

PDP: 60 Reps stop Wike group from endorsing Damagun

The lingering leadership crisis of the Peoples Democratic Party (PDP) took a new dimension on Tuesday as members of the G60 in the House of Representatives led by Hon. Ikenga Ugochinyere truncated plans by lawmakers loyal to the FCT Minister, Barrister Nyesom Wike, to endorse Mr Umar Damagun as substantive National Chairman of the party.

Trouble started during the closed meeting convened by the Minority Leader, Hon. Kingsley Chinda when Hon. Ugochinyere challenged the Caucus Leader’s presentation.

Hon. Ugochinyere, who flared up during the meeting was seen being persuaded by some PDP lawmakers.

However, before the end of the meeting, members of the G60 group left the hall, thereby leaving about 40 lawmakers in the hall where the press briefing took place.

While speaking on the outcome of the closed-door meeting which lasted for over 3 hours, Hon. Chinda said: “We have just concluded the third meeting of the Peoples Democratic Party Caucus of the 10th Assembly and we have resolved firstly to tell all of us and the world that the PDP Caucus in the House of Representatives remain united, indivisible committed and out to perform our duty as the watchdog on behalf of Nigerian people.

“In the same vein, we x-rayed the security situation in our country and we resolved that we can no longer take this situation where Nigerian is almost tagged as ‘one life, one minute silence’.

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“The government is therefore called upon to immediately take steps to ensure that the security situation in the country is normalized.

“And the Caucus has also given a three-month ultimatum for government to normalize the security situation in our country. After three months, the Caucus will take further steps to sensitize and mobilize Nigerians to perhaps take their security into their hands.

“The House of Representatives Caucus also agreed to call on all Party Caucuses, the Board of Trustees, National Executive Committee and the National Working Committee of the party to embark on reconciliatory measures with a view to resolving all litigations that are pending and have hindered the party in any way whatsoever from having a substantive National Chairman.

“We call on our leaders, leaders of the Peoples Democratic Party to continue to demonstrate unconditional loyalty to the party and ensure that the party is moved to her pride of place where she enjoyed the position of the largest party in Africa and to take back the Aso Villa which is actually supposed to be our birthright.

“And so for us, we are going back as we resume the session to commence a strong, virile and purpose-driven opposition to give the people a voice in the Parliament,” he said.

While reacting to the recent suspension of Senator Abdul Ningi, the Minority Leader urged the Senate leadership “to recall our colleague, our senior brother, a veteran politician, a Parliamentarian per excellence, Abdul Ningi.”

Meanwhile, one of the G60 members who gave insight into the discussions during the closed-door meeting confirmed that the hard stance of the group frustrates the grand plan to pass a vote of confidence on the embattled acting PDP National Chairman.

The lawmaker who does not want his name in print said: “We are glad that the plan of the pro-Wike group supporting Damagun falls like a pack of cards, as we refused all entreaties to perpetuate illegality and stoking of crisis in the party.

“Our position remains that Damagun must go for someone from North-central to take over and complete Ayu’s tenure.

“Our Party needs total overhaul and reformation. We currently have in the PDP a national leadership that is in bed with the APC and is working extremely hard to hand over the party to the APC.

“This is quite shameful and disheartening. But we won’t fold our hands and let that happen.

“We are aside other demands insisting on 100 percent formation of Caretaker PDP executive list at all levels without any tampering or inclusion of new names outside the earlier resolution that members of the expiring excos should act as Caretaker for 3 months pending the conduct of substantive election.

“Our party will not be overtaken by APC, we are here to serve the Nigerian people not to the whims and caprices of some selfish politicians,” he noted.