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2023: Lawyer Asks Court To Disqualify Atiku From Presidential Race

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An Abuja-based lawyer, Johnmary Jideobi, has asked the Federal High Court in Abuja to disqualify Atiku Abubakar from vying for the 2023 presidential election.

With the fresh suit, Mr Abubakar, who emerged the presidential candidate of the Peoples Democratic Party (PDP) last Saturday, has one more legal hurdle to cross in his race to be Nigeria’s president.

But in February this year, a similar case challenging Mr Abubakar’s Nigerian citizenship was struck out by a federal judge – Inyang Ekwo.

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Mr Ekwo cautioned the plaintiff – incorporated trustees of the Egalitarian Mission for Africa – a nongovernmental organisation – to desist from filing frivolous suits aimed at harassing politically exposed Nigerians.

READ ALSO: JUST IN: Atiku Meets Wike After PDP Presidential Primary

The judge held that the incorporated trustees lacked the right to institute the legal action, describing them as “busy body and meddlesome interlopers.”

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Nigeria’s Supreme Court had also in 2019 dismissed a similar application by the APC in the aftermath of the 2019 presidential election.

Fresh suit
In the new suit, the plaintiff challenges Mr Abubakar’s Nigerian citizenship, despite serving as Nigeria’s vice president from 1999 to 2007.

According to court filings, Mr Jideobi mentioned Mr Abubakar, the PDP, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) as defendants.

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He argued that Mr Abubakar is not constitutionally qualified to contest in the presidential election. He claimed that Mr Abubakar is not a Nigerian citizen by birth as required under the Nigerian constitution.

Mr Jideobi contends that Mr Abubakar “acquired his citizenship of Nigeria by virtue of the 1961 plebiscite which integrated some people of Northern Cameroon into Nigeria as new citizens of Nigeria.

The plaintiff claimed that, “Allowing the first defendant (Mr Abubakar) to a participant in the 2023 presidential election as the candidate” of the PDP would amount to a grave desecration of the otherwise sacrosanct and inviolable provisions of Sections 1(1) & (2), 25 and 131(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

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“The third defendant (INEC) is under a bounden duty to ensure that the Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the government of Nigeria or any part thereof except in accordance with the provisions of the Constitution.”

Prayers
Mr Jideobi is asking the court for a “declaration that by virtue of Sections 1(1) & (2), 25 and 131(a) of the Constitution, it is only a Nigerian citizen by birth that is constitutionally eligible to contest for the office of the President of the Federal Republic of Nigeria.”

He further seeks a “declaration that given the circumstances of the birth of the first defendant (Atiku), he is not constitutionally qualified to stand for election into the office of the President of the Federal Republic of Nigeria.”

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The plaintiff seeks an “order of the court disqualifying the first defendant – Atiku Abubakar – from contesting for election to the office of the President of the Federal Republic of Nigeria.”

He also begged the court to declare that the “PDP does not have a candidate for the office of the president in the 2023 presidential election to be organised by the third defendant.”

He requested for “An order of perpetual injunction restraining the first defendant from contesting for the office of the President of the Federal Republic of Nigeria or occupying the office of the President of the Federal Republic of Nigeria by whatever means and throughout his lifetime.

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READ ALSO: PDP Primary: Fani-Kayode Reacts, Tells APC Best Way To Defeat Atiku

“An order of perpetual injunction restraining the second defendant from fielding or presenting the first defendant as its candidate for the 2023 presidential election in Nigeria for the office of the President of the Federal Republic of Nigeria.

“An order of perpetual injunction restraining the third defendant from accepting and or publishing the name of the first defendant as a candidate of the second defendant for the office of the President of the Federal Republic of Nigeria in the forthcoming 2023 presidential election.”

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This suit comes a couple of days after Mr Abubakar became the standard bearer of Nigeria’s main opposition party — the PDP — at a primary election held in Abuja, Nigeria’s capital city.

Meanwhile, no date has been fixed for the hearing of the case.

PREMIUM TIMES.

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Politics

Peter Obi Meets US Consul General, Hopes For Credible Polls In 2027

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Chieftain of the Nigerian Democratic Congress, NDC, Peter Obi on Tuesday held a meeting with United States Consul General, Mr Rick Swart.

Obi made this known via his X handle.

READ ALSO:NDC Speaks On Peter Obi, Kwankwaso Joining Party

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He said “This morning, in Lagos, I met with the U.S. Consul General, Mr Rick Swart, where we discussed strengthening the bilateral relationship. We focused on promoting credible elections in Nigeria, ensuring they are free from interference, and fostering a space where all political parties, especially opposition parties can thrive, and contribute.

“We also discussed trade and business opportunities between our countries. Accompanying me to the meeting was Dr Adefolaseye Adebomi Adebayo.

“The discussion was very productive, and we are hopeful that, moving forward, Nigeria’s elections will be even more credible and transparent.”

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BREAKING: 17 ADC Reps Follow Join NDC

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About 17 African Democratic Congress, ADC, lawmakers in the House of Representatives have defected to the Nigerian Democratic Congress, NDC.

This was disclosed by Speaker Abass Tajudeen on the floor of the House on Tuesday.

Tajudeen also announced the defection of Leke Abejide from the ADC to the All Progressives Congress, APC.

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READ ALSO:JUST IN: Why I left ADC For NDC With Kwankwaso – Peter Obi Opens Up

Lawmakers who defected to the NDC include Yusuf Datti, Uchenna Okonkwo, Adamu Wakili, Thaddeus Attah, George Ozodinobi, Lilian Orogbu, Oluwaseyi Sowunmi, Peter Aniekwe, Mukhtar Zakari, George Oluwande and Munachim Umezuruike.

Others are Emeka Idu, Jesse Onuakalusi, Ifeanyi Uzokwe, Afam Ogene and Abdulhakeem Ado.

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This comes barely a day after former presidential candidates Peter Obi and Rabiu Kwankwaso defected from the ADC to the NDC.

Obi and Kwankwaso have pledged to continue their pursuit for a better Nigeria in the NDC.

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JUST IN: Why I left ADC For NDC With Kwankwaso – Peter Obi Opens Up

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A former presidential candidate, Peter Obi, has given reasons why he resigned from the African Democratic Congress, ADC, to join the Nigerian Democratic Congress, NDC, alongside a former governor of Kano State, Rabiu Kwankwaso.

In a long post on X on Monday, Obi insisted it was not out of anger or ambition.

Rather, he said the move is a continuation of the quest to build a new Nigeria.

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Obi wrote: “Yesterday, I formally joined the Nigerian Democratic Congress (NDC), alongside my dear brother, Engr. Dr Rabiu Musa Kwankwaso, with one clear purpose: to continue the struggle for a new Nigeria built on justice, competence, accountability, and compassion for the ordinary Nigerian.

READ ALSO:Peter Obi, Kwankwaso Formally Join NDC, Warn Members Against Litigation

“As I stated yesterday, this decision was not made out of anger, personal ambition, or convenience. It came after deep reflection on the present condition of our nation and the urgent need to rescue Nigeria from the dangerous path it is currently heading.

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“Over the years, I have remained steadfast in my conviction that politics should never be about individuals, positions, or personal gain. It must be about the people, especially the millions of Nigerians who today can no longer afford necessities, whose businesses are collapsing, whose children are losing hope, and whose future is becoming increasingly uncertain.

“I left the ADC for the same reason I left the Labour Party: the severe, orchestrated litigation and internal crises deliberately designed to ensure that I, alongside many other notable individuals, do not effectively participate in the electoral process. I sincerely appreciate and remain deeply grateful to the Leadership of ADC for the opportunity to work together in pursuit of a better Nigeria. I am particularly grateful to ADC Chairman Senator David Mark for his exceptional Leadership. I also deeply appreciate my Leader and elder brother YE, Atiku Abubakar, as well as other respected leaders within the party.

“As we join the NDC, I sincerely appeal to the Nigerian Government against the encouragement of unresolved litigations and the infusion of crises within political parties. Democracy must never become a weapon against the people. A healthy democracy thrives on strong institutions, credible alternatives, and the freedom of citizens to make choices without intimidation, manipulation, or fear. Opposition parties must not be weakened or destroyed, because when democracy loses balance, the people ultimately suffer.

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“Nigeria today is passing through one of the most difficult periods in its history. Poverty is rising. Hunger is widespread. Insecurity continues to threaten lives and livelihoods. Businesses are shutting down daily. Our young people are becoming discouraged, and many citizens have lost faith in the system. At a time like this, leadership must be driven not by propaganda or division, but by competence, capacity, character, and compassion.

READ ALSO:ADC Hails S’Court Verdict On Leadership, Demands INEC Chairman’s Resignation

“Our decision to join the NDC is therefore not an abandonment of values, but a continuation of the same mission we have always stood for: building a Nigeria where leadership is about service, where public resources are managed responsibly, where institutions function independently, and where every Nigerian, regardless of tribe, religion, region, or social status, can live with dignity, security, and hope.

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“I remain committed to working with all Nigerians of goodwill across political, ethnic, and religious lines. The task before us is bigger than any individual or political party. It is about the future of our children and the survival of our dear nation.

“I thank Nigerians, especially our youths and women, for remaining peaceful, resilient, and hopeful despite the enormous challenges confronting the country. I urge you not to lose faith in Nigeria. Nations do not change because people surrender to hopelessness; they change because people continue to believe, continue to sacrifice, and continue to stand for what is right.”

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