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Respond To Fresh Suit Seeking To Disqualify Tinubu Now – Court Orders INEC

The Federal High Court in Abuja has ordered the Independent National Electoral Commission, INEC, to reply to a new petition seeking to disqualify the governing All Progressives Congress, APC, presidential candidate, Bola Tinubu, for alleged violations of Section 90(3) of the Electoral Act.

In a judgement delivered by Justice Ahmed Mohammed, the court also granted the plaintiff, Incorporated Trustees of Kingdom Human Rights Foundation International, authorization to seek an order of mandamus against INEC Chairman Prof. Mahmood Yakubu.

It ordered the INEC chairman, APC, and Tinubu, who were all named as defendants in the FHC/ABJ/CS/1960/2022 complaint, to file their defense before November 15, when the matter was adjourned for hearing.

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Specifically, the plaintiff is asking the court for: “A declaration that, having regard to the clear, unambiguous, and express provisions, spirit, and tenor of Section 90 (3) read alongside Section 84 (13) of the Electoral Act 2022, the 1st defendant, has deliberately refused to exercise the powers, mandate, and statutory duty/obligation bestowed on him in Section 84 (13) of the Electoral Act 2022, to immediately exempt him from prosecution.”

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“A declaration that by operation of law and having regard to the clear, unambiguous and express provisions, sprit and tenor of Section 90 (3) read alongside section 84 (13) of the Electoral Act 2022, the 3rd defendant Bola Ahmed Tinubu, is not a candidate for the 2023 Presidential election, and he is automatically excluded, expunged, and removed from participating in the 2023 presidential election for failure of the 2nd Defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022 in nominating the 3rd defendant as its presidential candidate.

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“An order of mandamus directing and compelling 1st defendant to exercise the powers, mandate and statutory duty/ obligation bestowed on him in section 84 (13) of the Electoral Act 2022, to immediately exclude, expunge and remove the 3rd Defendant’s name Bola Ahmed Tinubu from the final list of presidential candidates contesting the 2023 presidential election for failure of the 2nd Defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022 in nominating the 3rd defendant as its presidential candidate

“An order nullifying and setting aside as illegal, null and void, the nomination of the 3rd defendant as the presidential candidate of the 2nd defendant for failure of the 2nd defendant to comply with the mandatory provisions of section 90 (3) of the Electoral Act 2022.”

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citizens and civil society organizations support the government in the fight against corruption through a public interest suit of this nature.

“This application is in the overall public interest to promote good governance, public accountability, constitutional democracy and rule of law in nomination of candidate to contest the office of the President of the Federal Republic of Nigeria which is a public office,” it added.

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