Atiku condemns banditry, insists on restructuring
Court strikes out suit challenging Atiku’s citizenship
An Abaja-based Federal High Court has struck out a suit challenging the citizenship of former Nigerian Vice President, Alhaji Atiku Abubakar.
The suit marked FHC/ABJ/CS/177, challenged Atiku’s eligibility to run for president on the premise that he is not a Nigerian citizen by birth. Nigeria’s constitution stipulates that one must be a citizen by birth to become the country’s president.
Justice Inyang Eden Ekwo struck out the suit instituted by the Incorporated Trustees of Egalitarian Mission for Africa challenging the Nigerian citizenship of Atiku Abubakar.
The court held that the Non-Governmental Organization (NGO) had no legal right in the first instance to query the citizenship of the former Nigerian Vice President.
Justice Ekwo said that the 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.
He cautioned the NGO to refrain from filing frivolous applications targeted at harassing politically exposed Nigerians.
In addition, Justice Ekwo held that the plaintiff lacks the locus standi to institute the legal action, describing them as “busy body and meddlesome interlopers.”.
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.
Recalled that, the suit which was filed on 11th February, 2019, has 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 as defendants.
Specifically, the plaintiff had approached the court for an interpretation of Sections 25(1) & (2) and 131(a) of the 1999 Constitution.
By the suit, the plaintiff prayed for “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 president.”
