Court dismisses suit against Atiku’s Nigerian Citizenship

Date:

By Vivian Okejeme,  Abuja

A Federal High Court sitting in Abuja, has discountenanced a suit challenging the Nigerian citizenship of former Vice President, Alhaji  Atiku Abubakar and right to vie for the office of the presidency.

Justice Inyang Eden Ekwo in his ruling held that the plaintiff, the Incorporated Trustees of Egalitarian Mission for Africa, lacked locus standi to query the citizenship of the former Vice President.

The court held that the Non Governmental Organization (NGO), having been registered under Company and Allied Matters Act with special functions cannot jump into Public Interest Litigation that was not part of the objective.

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Describing the plaintiff as “busybody and meddlesome interloper”, the court cautioned the them to refrain from filing frivolous applications targeted at harassing politically exposed Nigerians.

In the suit, the group had asked the court to disqualify Atiku as the presidential candidate of the Peoples Democratic Party (PDP) and to restrain him from contesting the February 16, 2019 presidential election over alleged circumstances surrounding his citizenship.

Defendants in the suit are Atiku, PDP, the Independent National Electoral Commission, the Attorney-General of the Federation and Minister of Justice as well as the Attorney General of Adamawa state.

In the suit filed on 11th February, 2019, specifically, approached the court for an interpretation of Sections 25(1) & (2) and 131(a) of the 1999 Constitution.

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The NGO wants “A declaration that by the combined interpretation of Sections 25(l) & (2) and 131(a) of the Constitution and given the circumstances surrounding Atiku’s birth, he cannot be cleared by PDP and INEC to contest for post of presidency.

The Attorney General of Adamawa(5th defendant) argued

that Atiku was eligible to vie for the office of the president, adding that he is a citizen of Nigeria from Adamawa State 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.

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