Politics
Igbo lawyers apply to join suit seeking exit of South-East from Nigeria
Association of Igbo lawyers has approached the Federal High Court in Abuja with an application to be joined as a party in a suit some Northern elders filed for exit of the South East region from Nigeria.
The Plaintiffs, Nastura Ashir Shariff, Balarabe Rufa’I, Abdul-Aziz Sulaiman and Aminu Adam, had in their suit marked FHC/ABJ/CS/538/2021, maintained that the National Assembly is constitutionally empowered to set in motion a framework for a referendum to allow the South-Eastern region of the Federal Republic of Nigeria to decide on their bid for self-determination.
Cited as 1st to 4th Defendants in the suit are Attorney General of the Federation (AGF), the Senate President, the Speaker of the House of Representatives and the National Asembly.
Specifically, the Plaintiffs, are seeking three principal reliefs from the court, among which include;
“A declaration that in view of the provisions of Articles 1, 2, 4, 14 and 20(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004, the 2nd and 3rd defendants (the Senate President and House of Reps Speaker) have the power to call for a joint session of both Chambers of the 4th defendant to deliberate on the agitation for self-determination by the Southeastern states of the Federal Republic of Nigeria.
As well as, “An order directing the 2nd, 3rd and 4th defendants to provide a framework that will pave the way for the self-determination of the South-eastern states so as to leave the geographical entity called Nigeria before any further step is taken to further amend the Constitution of the Federal Republic of Nigeria”.
They claimed that their action was based on the need to end violence and destruction allegedly occasioned by the agitation for secession, championed by the Nnamdi Kanu-led Indigenous People of Biafra, IPOB.
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“Even before the emergence of the Indigenous People of Biafra (IPOB), there was a group at the south-eastern part of Nigeria known as the Movement for the Actualization of the Sovereign State of Biafra (MASSOB) under the leadership of one, Chief Ralph Uwazuruike.
“The main objective of the group mentioned in the immediately preceding paragraph is also the creation of the Independent State of Biafra, away from the Federal Republic of Nigeria.
“Long before the emergence of the Indigenous People of Biafra (IPOB) and the Movement for the Actualization of the Sovereign State of Biafra (MASSOB), there was a move by the people of the south-eastern part of Nigeria formerly Eastern Region led by the late Col. Odumegwu Ojukwu to secede from the Federal Republic of Nigeria.
“The secession attempt by the people of the then Eastern Region under the leadership of the late Col. Ojukwu was directly responsible for the first Nigerian Civil War between 1967 and 1970. The said civil war had claimed many innocent lives from both sides of the divide as well as the destruction of properties worth billions of naira which was detrimental to the growth and development of the Federal Republic of Nigeria.
“The lessons of the civil war have faded in the minds of many Nigerians and a repeat of the carnage of the civil war is not necessary, going forward. The IPOB’s agitation for self-determination has turned violent against both the people of the south-east who are against their agitations and other Nigerians carrying out their lawful businesses within the south-eastern states of the Federal Republic of Nigeria.
“The IPOB through its militant arm — Eastern Security Network (ESN) — is responsible for the killings, expulsions and destruction of properties of other Nigerians not belonging to the Igbo tribe.
“Resolving, with finality, the existential question of self-determination of any part of Nigeria is now more urgent, imperative and prevails over and above the issue of amending the Constitution of the Federal Republic of Nigeria.
“The Constitution of the Federal Republic of Nigeria can be further amended at any time after the question of self-determination must have been resolved by Nigerians”, the Plaintiffs added.
However, the Igbo lawyers, led by a Senior Advocate of Nigeria, SAN, Chief Chuks Muoma, Ukpai Ukairo, Ebere Uzoatu and Hon Obi Emuka, in their joinder application, wondered why the Plaintiffs failed to join the South Eastern states in the suit.
They are therefore praying the court to join them as Defendants in the suit to enable them to represent the people of the southeastern region.
In the application they filed through Victor Onweremadu, the Applicants, argued that the suit has the capability to shape the life of the generation of Igbo people.
In a 12-paragraph affidavit in support of their application deposed to by one Ekenna Felix Jonathan, the Igbo lawyers averred: “That this suit is so crucial and a sensitive matter which concerns the Indigenous Igbo speaking tribe in Nigeria and has the capability to shape the life of the future generation of the people of the south-east of Nigeria and other Indigenous Igbo speaking tribe in Nigeria.
“That the Igbo Lawyers Association represented by the applicants are an Indigenous association of lawyers from the south east of Nigeria and other Indigenous Igbo speaking tribe in Nigeria.
“That the Igbo Lawyers Association and its objective is to represent the interest of the Igbo people which said people are Indigenous in the south east of Nigeria. Thus, the association is interested and is a necessary party to be joined.
“That It will serve the interest of justice if the Honourable court grants the application and join the applicants as defendants in the suit and that the plaintiffs will not be prejudiced if the application is granted”.
Meanwhile, Justice Inyang Ekwo has set down November 1 to hear the suit.
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2027: Atiku’s suit seeking Tinubu’s disqualification meets deadline, faces procedural hurdle
2027: Atiku’s suit seeking Tinubu’s disqualification meets deadline, faces procedural hurdle
Former Vice President’s certificate forgery challenge may be “dead on arrival” due to choice of Originating Summons, legal experts say
The suit filed by former Vice President Atiku Abubakar seeking President Bola Ahmed Tinubu’s disqualification from the 2027 presidential race met the constitutional deadline for pre-election matters, but the procedure used to bring the case may expose it to a strong legal challenge, according to a review of the filing and established case law. Atiku personally appeared at the Federal High Court registry in Abuja on Friday, August 14, 2026, to depose to an affidavit backing the suit, which he filed alongside his party, the African Democratic Congress (ADC) , against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) . The action rests on Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution as amended, along with relevant provisions of the Electoral Act 2026. At its core is an allegation that the NYSC discharge certificate Tinubu submitted to INEC bears a name that differs from his own—”Tinubu Bola Adekunle” rather than “Bola Ahmed Tinubu”.
Legal analyst Ekene Aninze, reviewing the timing of the filing, noted that Atiku fell squarely within the 14-day window set by Section 285(9) of the Constitution for pre-election matters. INEC had displayed the personal particulars of presidential candidates, including Tinubu’s, on Saturday, August 1, 2026, in line with its published election timetable. Counting from that date, Atiku’s filing on August 14 came on the 13th day, within the statutory limit. This timing is critical, as Nigerian courts have repeatedly dismissed pre-election cases filed outside the 14-day window. In the Edo State governorship dispute, the Court of Appeal held that a case challenging candidate credentials was statute-barred when filed beyond the stipulated period. Similarly, courts have affirmed that the reckoning date is the occurrence of the event complained of, not when the aggrieved person became aware of it.
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Where the case may run into difficulty, according to Aninze, is the format in which it was brought. The suit was filed by way of Originating Summons, a procedure typically reserved for disputes over the interpretation of documents rather than contested facts. Nigerian courts have repeatedly held that allegations bordering on forgery cannot be resolved on affidavit evidence alone and require a Writ of Summons, which allows for oral testimony and cross-examination. That principle traces back to the Supreme Court’s handling of the Delta State PDP governorship tussle between Sheriff Oborevwori and David Edevbie, where the apex court held that Edevbie’s forgery allegations against Oborevwori could not be resolved through Originating Summons and ought to have been commenced by Writ of Summons, since only oral and documentary evidence tested in open court could settle such claims. Justice Tijani Abubakar, who delivered the judgment of the panel, held that the grievous allegations of supply of false information and certificate forgery brought against the Speaker cannot be proved beyond reasonable doubt with the use of Originating Summons. A similar reasoning shaped the Court of Appeal’s earlier intervention in the same dispute, which faulted Edevbie for not calling the institution alleged to have issued the disputed document as a witness. The same logic featured in the long-running feud between Godwin Obaseki and his APC rivals, where the University of Ibadan had to be drawn into proceedings to speak to the authenticity of a contested credential, and in Bashir Machina’s dispute with the APC over the Yobe North senatorial primaries, often cited as a cautionary tale on the risks of using Originating Summons for a contentious matter. Applying that pattern to the Atiku suit, Aninze argued that questions over the authenticity of the NYSC certificate would likely require testimony from the NYSC itself to confirm or deny that it issued the document, something an Originating Summons process, built on affidavits, is not designed to accommodate. Activist lawyer Maduabuchi Idam went further, describing the suit as “dead on arrival.” He explained that the judicial system lacks the courage to allow justice to be done in such a matter, adding that “whether the action succeeds or fails, it will continue to expose the weaknesses of our institutions, lampoon the system, and subject it to public scorn and ridicule.”
Atiku’s decision to personally appear at the court registry was deliberate, according to his Senior Special Assistant on Public Communication, Phrank Shaibu. The former vice president stated: “I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the office of President. I cannot ask Nigerians to respect the Constitution while treating a matter of this magnitude casually. I have therefore put my name, my signature and my oath behind the facts we are presenting to the court. Now it is President Tinubu’s turn to answer them.” Atiku emphasized that the matter should be settled through evidence rather than political arguments or social media exchanges. “We are not asking Nigerians to decide this matter on social media,” he said. “We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it.” He added: “If the certificate belongs to Bola Ahmed Tinubu, let that be established before the court. If ‘Tinubu Bola Adekunle’ and ‘Bola Ahmed Tinubu’ are one and the same person for the purpose of that certificate, let the evidence establish it. These are questions that deserve answers, not political insults or presidential silence.”
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Beyond the certificate dispute, Atiku and the ADC are also challenging provisions of the Electoral Act 2026 which, according to their written address, effectively restrict who may challenge the qualification of a candidate at pre-election stage and the removal of qualification as a ground for questioning an election as envisaged by Section 139(a)(i) of the Constitution. Their argument is that legislation cannot be used to shut the door against enforcement of an express constitutional provision. They contend that where an Act of the National Assembly conflicts with the Constitution, the Constitution must prevail. “This case therefore raises a fundamental question for our democracy,” Atiku said. “Can an Act of the National Assembly be used as a shield against an express provision of the Constitution? Can we write into ordinary legislation an escape route from a constitutional standard applicable to everyone seeking the Presidency? Our position is that the Constitution remains supreme.”
In a parallel development, a legal counsel and chieftain of the ADC, Kalu Agu, submitted a petition against Tinubu to the European Commission in Brussels, Belgium, for allegedly submitting a forged certificate to INEC. Agu was captured in a video shared on X by Paul Ibe, Atiku’s media aide, while submitting the petition. He alleged that Tinubu presented false academic credentials to INEC as part of the constitutional requirements for the 2027 election, asking the EU to intervene over what he described as the alleged subversion of constitutional order in Nigeria.
Reacting to the suit, the APC described it as an exercise in futility. The National Secretary of the APC, Ajibola Basiru, said: “Atiku should go and brace for another defeat in the general election. The President is qualified to contest the election; nothing is disqualifying him, and the matter has been settled by the Supreme Court.” Basiru added: “Atiku has nothing to offer Nigerians, and he knows that he will be rejected at the poll. That is why he is looking for a shortcut. But there’s no shortcut to power. He should go and mobilise for the poll, where he will be rejected by Nigerians as usual. That will end his political misadventure into the presidency.”
Neither Tinubu’s legal team nor the APC had filed a response to the suit as of the time of this report. The originating summons asks the Federal High Court to determine whether the statutory restrictions complained of can prevent the plaintiffs from invoking Section 137(1)(j), and ultimately whether Tinubu and the APC should be disqualified from participating in the 2027 presidential election if the plaintiffs’ case is established. Among the substantive reliefs sought is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election on the grounds pleaded by the plaintiffs. Atiku has also placed INEC on notice to produce Tinubu’s Form CF001 submitted in connection with the 2023 and 2027 presidential elections. The affidavit states that Atiku had applied for certified true copies of the relevant form before filing the suit but had received no response at the time the processes were prepared. Atiku concluded: “Nobody should misunderstand what is at stake. Nigerian graduates cannot complete NYSC documentation with one identity and simply ask employers to ignore discrepancies. Young Nigerians seeking ordinary jobs are subjected to rigorous scrutiny of their certificates. The Presidency is not an immunity certificate against constitutional scrutiny.”
2027: Atiku’s suit seeking Tinubu’s disqualification meets deadline, faces procedural hurdle
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