Appeal Court dismisses ex-Minister’s suit against Tinubu’s presidential candidacy

The Court of Appeal on Friday dismissed the challenge to the emergence of Asiwaju Bola Ahmed Tinubu as presidential candidate of the All Progressives Congress (APC).

Dissatisfied with last 15 December ruling of Justice Inyang Eden Ekwo of the Federal High Court sitting in Abuja, who dismissed the suit by former Minister of State, Hon. Emeka Nwajiuba, the aspirant in last June’s presidential primary of the APC, and a Non-Governmental Organisation, Rights for All International; dragged the party and Tinubu to the Court of Appeal.

Also joined in the matter were the Peoples Democratic Party (PDP); its presidential candidate, Alhaji Atiku Abubakar, the Attorney General of the Federation and the Independent National Electoral Commission. Nwajiuba’s main complaint was that the special conventions of both parties that produced their presidential candidates were “not properly constituted as regards the composition of delegates who should attend and vote at the said convention”.

Nwajiuba, who got one vote in the presidential primary concluded on 8 June, last year, as against 1,271 by Tinubu, also sought a declaration that the votes cast in favor of Tinubu and Atiku at the special conventions were “illegal, null and void and of no effect whatsoever on the grounds of corruption, buying and selling of delegates votes and voter inducement”.

In defence of the suit, the law firm of Babatunde Ogala (SAN) and Co, on behalf of the APC, raised preliminary objection. The grounds included that the plaintiffs lacked the locus standi to institute and maintain the suit, and that they lacked the cause of action to institute or maintain the suit.

The lower court agreed with Ogala that the plaintiffs’ affidavit in support of the originating summons was incompetent as the deponent was barred by operation of law, among other factors.

On the issue of abuse of court process raised by the APC counsel, Justice Ekwo ruled that Nwajiuba had “deviated from its’ objectives as a Non-Governmental Organisation to seeking politically motivated litigations”.

Justice Ekwo ruled that the suit was lacking in merit.

The process at the Court of Appeal, which commenced by a notice of appeal on 28 December, ended last Friday with the court upholding Ogala’s preliminary objections, which centred on the suit at the lower court not a “pre-election matter as the appellant cannot be said to be a person covered by Section 285(14) a, b. c of the 1999 Constitution being an NGO”.

On the merits of Nwajiuba’s suit, the Court of Appeal held:

1. The Appeal was lacking in merit and the Appellant only sought to revive the dissolved NGO through the back door, the counsel to Appellant who is also a trustee of the NGO should live with same in sober reflections.
2. The Appellant is not clothed with locus as can be gleaned from Section 285(14) a, b and c of the 1999 Constitution.
3. The Appellant is a busy body and a meddlesome interloper.
4. Cost of N100,000.00 (One Hundred Thousand Naira) is awarded against the Appellant and in favor of the 1^st – 4^th Respondents each.
5. Appeal is dismissed.
6. Judgment of the lower court delivered on the 15^th Day of December, 2022 is affirmed.