The AA has filed a suit against the INEC, the All Progressives Congress (APC), the APC presidential candidate Asiwaju Bola Tinubu, and his running mate Senator Kashim Shettima, alleging that they violated the law by running for two positions simultaneously.
The suit filed on July 28 is seeking the dismissal of the APC because the party nominated a candidate for more than one seat.
On behalf of the plaintiff, Ukpai Ukairo filed a fresh suit marked FHC/ABJ/CS/1256/2022 against INEC, APC, Tinubu, and Shettima, listed as 1st, 2nd, 3rd, and 4th defendants, respectively.
The suit reads: “A declaration that the nomination of the 4th defendant by the 3rd defendant as the Vice Presidential Candidate of the 2nd defendant is void arising from the express provision of Section 35 of the 1999 Constitution and the Electoral Act, 2022 in that the 4th defendant allowed himself to be nominated in more than one constituency for the 2023 elections.
A” perpetual injunction restraining the 3rd and 4th defendants from holding out themselves as Presidential and Vice Presidential Candidates contesting the 2023 Presidential election on the platform of the 2nd defendant”.
The plaintiff also requested that the court issue an perpetual injunction forbidding INEC from listing the names of Tinubu and Shettima as presidential and vice presidential candidates.
The ruling party violated the law by nominating Shettima both as a Senatorial candidate for Borno Central and Vice President for the 2023 general elections, the plaintiff claimed.
The suit added that the 2nd defendant used the name of the 4th defendant as its candidate in Borno Central’s 2023 senatorial election and the 4th defendant signed Form EC9 in his capacity as candidate, which was then submitted to the 1st defendant.
On July 15, 2022, the 4th defendant submitted Form EC9 to the 1st defendant through the 2nd defendant, seeking to be nominated as the Vice Presidential Candidate.”
“That the 4th defendant also deposed to the oath constituting the said Form EC9 as being nominated for the position of Vice Presidential Candidate.
“That the Plaintiff applied through me for the certified true copies of the Forms EC9 of the 4th defendant for the Borno Central Senatorial Zone and the Presidential election but the 1st defendant is delaying the release of it to the Plaintiff”.