Running mate: Court asked to stop APC, INEC from replacing Masari

By Vivian Okejeme, Abuja

A Federal High Court sitting in Abuja, has been asked to stop the All Progressives Congress(APC) from replacing Alhaji Kabiru Masari, as the running mate to Asiwaju Bola Tinubu, the presidential candidate of the party in the 2023 presidential election.

Shortly after Tinubu emerged as the  presidential candidate of the APC, the name of Masari was submitted to the Independent National Electoral Coomission, INEC, as an interim Vice Presidential candidate.

However, two chieftains of the party, who were delegates in the just concluded APC National Convention, Zakari Maigari and Zubainatu Mohammed, approached the court to stop INEC from accepting change of vice presidential candidate from APC.

The plaintiffs joined, APC, Independent National Electoral Commission (INEC), Asiwaju Bola Tinubu and Kabiru Masari as defendants.

In the suit marked FHC/ABJ CS/1059/2022 and dated July 4, 2022, the plaintiffs want the court to determine whether having regard to the combined effect of sections 142(1) and sections 29(1), 31 and 33 of the Electoral Act, it is legally permissible for the 4th Defendant to withdraw as the vice-presidential candidate of the 1st Defendant and the running mate of the 3rd Defendant so as to be substituted or replaced with another person by the 1st Defendant as its candidate for the office of Vice President for purpose of the February 25, 2023 Presidential Election.

They also want the court to determine whether in view of the joint ticket provision in section 142(1) of the Constitution of the Federal Republic of Nigeria, 1999, the withdrawal of the 4h Defendant as the candidate for the office of Vice President does not entail the automatic withdrawal of the 3rd Defendant as the candidate for the office of President for purpose of the 2003 General Elections.

The plaintiffs in the suit sought the following reliefs: 

Whether having regard to the combined effect of sections 142(1) and sections 29(1), 31 and 33 of the Electoral Act, it is

legally permissible for the 4 Defendant to withdraw as the vice-presidential candidate of the 1st Defendant and the running mate of the 3 Defendant so as to be substituted or replaced with another person by the 1st Defendant as its candidate for the office of Vice President for purpose of the February 25, 2023 Presidential Election.Whether in view of the joint ticket provision in section 142(1) of the Constitution of the Federal Republic of Nigeria, 1999, the withdrawal of the 4h Defendant as the candidate for the office of Vice President does not entail the automatic withdrawal of the 3” Defendant as the candidate for the office of President for purpose of the 2023 General Elections.

Whether having regard to the provisions of sections 29(1), 31 and 33 of the Electoral Act 2022, the 1” Defendant is entitled to submit the name of any other person to replace the name of the 4 Defendant as the candidate for the office of Vice President of the Federal Republic of Nigeria, without holding a fresh primary election to produce a fresh presidential.