A political party contesting the 2023 elections, Action Alliance (AA), has again sued the Independent National Electoral Commission (INEC), All Progressives Congress; its presidential candidate, Asiwaju Bola Ahmed Tinubu, and his running mate, Kashim Shettima, before a Federal High Court in Abuja over the alleged double nomination.
The party, in its earlier suit pending before the Abuja Division of the Federal High Court, is seeking the disqualification of the APC from the 2023 presidential polls over an alleged act of perjury on the part of its presidential candidate, Tinubu.
However, in a fresh suit instituted on Thursday, the plaintiff is again seeking the disqualification of the ruling party on the grounds that it has nominated a candidate for more than one constituency in the 2023 general elections.
The act according to the AA, in the fresh suit marked: FHC/ABJ/CS/1256/2022, obtained by journalists on Thursday, contravened Section 35 of the Constitution and the Electoral Act, 2022.
The suit filed on behalf of the plaintiff by Ukpai Ukairo, has INEC, APC, Tinubu, and Shettima as 1st, 2nd, 3rd, and 4th defendants respectively.
The plaintiff is specifically seeking, “A declaration that the nomination of the 4th defendant by the 3rd defendant as the Vice Presidential Candidate of the 2nd defendant is void arising from the express provision of Section 35 of the 1999 Constitution and the Electoral Act, 2022 in that the 4th defendant allowed himself to be nominated in more than one constituency for the 2023 elections.
“A perpetual injunction restraining the 3rd and 4th defendants from holding out themselves as Presidential and Vice Presidential Candidates contesting the 2023 Presidential election on the platform of the 2nd defendant.”
The plaintiff also sought for another order of perpetual injunction restraining INEC from listing the names of Tinubu and Shettima as Presidential and Vice Presidential Candidates in the final list of candidates in the said election and restraining INEC from placing APC on the ballot for the said election.
In an affidavit in support of the suit deposed to by one Kalu Agu, the plaintiff claimed that the APC contravened the law when it submitted the name of Shettima both as a candidate for Borno Central Senatorial and Vice President in the 2023 general elections.
“The 2nd defendant also submitted the name of the 4th defendant as its Candidate in Borno Central Senatorial election for the 2023 election and the 4th defendant swore to a Form EC9 in his capacity as the said Candidate and same was submitted to the 1st defendant.
“That the 4th defendant also on July 15, 2022, submitted another Form EC9 to the 1st defendant through the 2nd defendant and this time he was nominated for Vice Presidential Candidate.
“That the 4th defendant also deposed to the oath constituting the said Form EC9 as being nominated for the position of Vice Presidential Candidate. That Borno Central Senatorial Zone and the Presidential Election are two different constituencies.
“That the Plaintiff applied through me for the certified true copies of the Forms EC9 of the 4th defendant for the Borno Central Senatorial Zone and the Presidential election but the 1st defendant is delaying the release of it to the plaintiff”.