A lawyer, Osigwe Momoh has dragged the All Progressives Congress (APC) and the party’s presidential candidate, Bola Tinubu before a federal high court in Abuja for fielding presidential candidate and running mate of the party from the same religion.
The lawyer is seeking an order of perpetual injunction restraining the Independent Electoral Commission (INEC) from publishing the name of APC candidate in the general election over alleged violation of the 1999 constitution.
The plaintiff, in the suit marked, FHC/ABJ/CS/1188/2022, which has APC, Bola Tinubu and INEC as 1st, 2nd and 3rd defendants claimed that the party’s decision to pick the standard-bearer and the running mate from the same religion (section) violates the principle and the spirit of the constitution.
In the originating summons, the lawyer argued that political parties must, by virtue of chapter two of the 1999 Constitution of the Federal Republic of Nigeria (as amended), have their presidential and vice presidential candidate from different tribe and religion in the country.
He wants the court to declare that “by virtue of Sections 14 (1) & (3), 15 and 224(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the defendants are bound by the principles of Chapter II of the 1999 Constitution (as amended) and having the presidential and vice presidential candidates of the same religion is unconstitutional, null and void.
“That all Political Parties must, by virtue of chapter two of the 1999 Constitution of the Federal Republic of Nigeria (as amended), have their presidential and vice presidential candidate from different sectional (tribal and religious groups) of the nation.
“An order nullifying the candidacy of APC, Tinubu (1st And 2nd defendants), same being unconstitutional and against the spirit and letters of Sections 14 (1) & (3), 15 and 224 (a) of the amended 1999 Constitution of the Federal Republic of Nigeria.”
The human rights lawyer requested the court to restrain the third defendant (INEC) from publishing the candidate of the 1st defendant (APC) as a presidential candidate for the forthcoming 2023 general elections.
The suit has not been assigned to any Judge and no date has been fixed for its hearing.
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The PDP spokesman recalled how the opposition party had on various occasions alerted that the APC government had ceded sovereignty over a large portion of our country to terrorists, “many of whom were imported into our country by the APC.”
He further stated: “From the video, in a brazen manner, terrorists as non-state actors boldly showed their faces, boasting, admitting and confirming their participation in the Kuje Prison break, some of whom were former prison inmates who were either jailed or awaiting trial for their previous terrorism act against our country.
“Nigerians can equally recall the confession by the Governor of Kaduna State, Mallam Nasir el-Rufai that the APC government knows the plans and whereabouts of the terrorists but failed to act.
According to Ologunagba, about 18,000 Nigerians have been killed by terrorists between 2020 and 2022 “as the criminals continue to be emboldened by the failures and obvious complicity of the APC and to which the PDP had always drawn attention.”
“This is not politics; this is about humanity and leadership, which leadership sadly and unfortunately is missing in our country at this time,” he said.
The PDP added that it is appalled by “the lame response by the apparently helpless, clueless and deflated Buhari Presidency, wherein it told an agonizing nation that President Buhari “has done all and even more than what was expected of him as Commander in Chief by way of morale, material and equipment support to the military…”
“This is a direct admission of incapacity and failure by the Buhari Presidency and the APC. At such a time, in other climes, the President directly leads the charge and takes drastic measures to rescue and protect his citizens.
“In time of adversity, the President transmutes into Consoler-in-Chief to give hope and succour to the citizens. Painfully, Nigeria does not have a President who cares and can stand as Consoler-in-Chief to the citizens.
“It has now become very imperative for Nigerians to take note and realize that the only solution to this unfortunate situation is to hold the APC government accountable. We must come together as a people, irrespective of our political, ethnic and religious affiliations to resist the fascist-leaning tendencies of the APC administration.
Ologunagba called for an urgent meeting of the National Council of State to advise on the way to go over the nation’s worsening insecurity.
“Our nation must not fall. The resilient Nigerian spirit and ‘can-do- attitude’ must be rekindled by all to prevail on the President to immediately and without further delay, accede to the demand by the PDP and other well-meaning Nigerians to convene a special session of the National Council of State to find a lasting solution since the President has, in his own admission, come to his wit’s end,” the PDP spokesman declared.
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