January 19, (THEWILL) – The Federal High Court, Abuja, has struck out a suit seeking the disqualification of the All Progressives Congress (APC) and its Presidential candidate, Bola Ahmed Tinubu, from the 2023 presidential election.
Justice Ahmed Mohammed delivered the ruling on Wednesday, in a suit filed by an Abuja based lawyer, Osigwe Momoh.
Momoh, in the suit, prayed the court for an order disqualifying the APC and nullifying the candidature of Tinubu from participating in the presidential election.
He argued that the nomination of a Muslim-Muslim candidacy was unconstitutional and against the spirit and letters of Sections 14, 15 and 224 of the 1999 Constitution, adding that same faith ticket ran counter to the spirit of national cohesion, integration and unity
He asked the court for an order of perpetual injunction stopping the Independent National Electoral Commission (INEC) from publishing the name of APC and its presidential candidate for the purpose of the 2023 election.
But in his ruling on Wednesday, Justice Mohammed held that since Momoh, who has no evidence of membership of APC and participation in the process that produced Tinubu and his running mate, Kashim Shettima, as candidates for the February 25 presidential election, he as a plaintiff lacked the locus standi to query their nominations.
“Having found that the plaintiff lacks the locus standi, the court has no jurisdiction to proceed with the matter and the proceedings will terminate at this point. This matter is hereby struck out for want of jurisdiction”, the court held.