Dual citizenship suit: Claimants ask Appeal Court to upturn judgment favouring Oyo APC senator

C LAIMANTS in the dual citizenship suit filed against the Senator representing Oyo Central District, Monsurat Sunmonu, have challenged the judgment delivered by Justice Nnamdi Dimgba refusing their prayers to sack Sunmonu from office.

The claimants had dragged Senator Sunmonu before the Federal High Court, Abuja, on account of her holding the citizenship of Nigeria and the United Kingdom against the provision of the 1999 Constitution.

They had consequently asked the court to sack Sunmonu from office and compel the Independent National Electoral Commission (INEC) to revoke the certificate of return it gave to the All Progressives Congress (APC) senator.

But Justice Dimgba, in the judgment delivered on January 25, this year, a copy of which was made available to Sunday Tribune, held that “there is nothing to suggest that the possession of dual citizenship  necessarily results in divided loyalty or detracts from the quality of representation.”

“On the contrary,” said the judge, “it could be argued that the possession of dual citizenship enhances the quality and electoral appeal of a candidate, since it could only mean such a candidate probably possesses more exposure that other candidates with single citizenship.”

Dissatisfied, the claimants in the suit number FHC/ABJ/CS/760/15, filed a notice of appeal before the Abuja division of the Court of Appeal, predicating their appeal on 14 grounds and asking the higher court to set aside the judgment of the lower court.

Lead counsel for the claimants, Chief Titus Ashaolu, said Justice Dimgba erred in law by refusing to interpret Section 66 (1) (a) of the 1999 Constitution which raises a question that touches on the sovereignty of the country  “and not on a speculation as to the exposure of a candidate.”

On the judge’s decision that the case had already been litigated and decided upon by the election petitions tribunal, Ashaolu said the conclusion was based on presumption and not fact.

“We are mobilizing to site immediately without wasting time,” he assured.

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