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Court strikes out NGO’s suit challenging Atiku’s Nigerian citizenship

A Federal High Court in Abuja on Monday struck out a suit challenging the Nigerian citizenship of former Vice President Atiku Abubakar.

Justice Inyang Ekwo struck out the suit filed by the Incorporated Trustees of Egalitarian Mission for Africa, a Non-Governmental Organization (NGO), challenging the Nigerian citizenship of the former Vice President.

The court held that the NGO had no legal right in the first instance to query Atuku’s citizenship adding 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 its objective.

The Judge cautioned the NGO to refrain from filing frivolous applications targeted at harassing politically exposed Nigerians and held that the plaintiff lacks the locus standi to file the suit, describing it 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 of the country.

The suit which was filed on February 11, 2019, has Atiku, PDP, the Independent National Electoral Commission (INEC), the Attorney-General of the Federation (AGF) and the 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 in praying the court 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 the post of President of the Federal Republic of Nigeria.”

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