February 21, (THEWILL) – The Incorporated Trustees of Egalitarian Mission of Africa (EMA) says it has commenced the process of filing an appeal to the judgment of Justice Inyang Ekwo which struck out the suit challenging the Nigerian citizenship of former Vice President Atiku Abubakar.
THEWILL reports that Justice Ekwo, had on Monday struck out the suit saying the plaintiff had no right to bring the action before it.
EMA had in a suit marked: FHC/ABJ/CS/177/2019 sued Atiku, the People’s Democratic Party (PDP), the Independent National Electoral Commission (INEC) and the Attorney General of the Federation as 1st to 4th respondents respectively.
It asked the court to disqualify Atiku as the presidential candidate of the PDP and to restrain him from contesting the February 16, 2019, presidential election over alleged circumstances surrounding his citizenship.
The suit claims that the former vice president is not a Nigerian and does not qualify to contest to be the president of Nigeria.
The EMA had claimed Atiku’s place of birth in 1946 (Ganye Local Government Area of Adamawa state) was not part of Nigeria at the time and is not qualified to be Nigeria’s president based on this.
Delivering judgment on the suit on Monday, the court held that the plaintiff lacked the locus standi (legal right) to institute the case.
Justice Ekwo described the EMA as a “busy body and meddlesome interloper.”
The court cautioned the EMA to refrain from filing frivolous applications targeted at harassing politically exposed Nigerians.
But reacting to the verdict, EMA in a statement issued on Monday said it had initiated processes to appeal the judgment.
The statement read, ”Today, the Federal High Court struck out our application to interpret Alhaji Abubkar citizenship in terms of the Constitution of the Federal Republic of Nigeria on the ground of the locus of the plaintiff despite superior court’s decision on the legality of an Incorporated organisation to institute actions for the protection of the extant provisions of the constitution and statutes.
“While we commend the court for the wealth of industry of the presiding judge, it is quite instructive that though the matter was merely struck out, same can be refiled.
“However, our client has instructed us to appeal the said decision to the Court of Appeal.
“As a civil society organisation established for the enthronement of rule of law and supremacy of the constitution, our client is resolute on ensuring that the law of the land must be strictly adhered to by all comers which is part of the mandate of the Incorporated Trustees of Egalitarian Mission of Africa.
“Our client’s case bothers within a narrow compass, which is the interpretation of the provision of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) with respect to citizenship and qualification of any presidential candidate, viz a viz the citizenship status of Alhaji Atiku Abubakar.
“Without prejudice to the judgment of the court, In the main time, we have commenced our client’s further brief to appeal and to file a motion for injunction pending appeal for an order of the court restraining Alhaji Atiku Abubakar from parading himself as a Nigerian citizen by birth in contravention of the extant provisions of Sections 25 and 131 of the Constitution of the Federal Republic of Nigeria, 1999 as amended pending the hearing and determination of the appeal.”
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