Legal

Court dismisses Tinubu’s disqualification over the Muslim-Muslim suit

On Wednesday, Justice Ahmed Ramat Mohammed of the Federal High Court in Abuja dismissed a suit attempting to disqualify the All Progressives Congress (APC) and Bola Ahmed Tinubu for their Muslim-Muslim presidential candidacy in the 2023 election.

The claim filed by an Abuja-based legal practitioner, Mr Osigwe Ahmed Momoh, was dismissed by the Judge due to the plaintiff’s lack of locus standi. 

Justice Mohammed ruled that because the lawyer is not a member of the APC and did not participate in the process that produced Tinubu and his running mate, Kashim Shetima, he cannot question their nominations.

In the suit, the legal practitioner prayed the Court for an order barring APC and Tinubu from running in the presidential election on the grounds that the nomination of Muslim-Muslim candidates is unconstitutional and violates the spirit and letter of sections 14, 15 and 224 of the 1999 Constitution. 

The lawyer, who claimed to be an advocate of the rule of law and social justice, specifically emphasized that the Muslim-Muslim candidacy contradicts the spirit of national cohesiveness, integration, and unity. 

He sought the court for an order of permanent injunction to the Independent National Electoral Commission (INEC) from publicizing the name of APC and its presidential candidate for the purpose of the 2023 election.

However, in his decision, Justice Mohammed disagreed with the plaintiff on the legal right to bring the lawsuit and rejected it entirely. 

While upholding the APC and Tinubu’s preliminary objection, Justice Mohammed did not award the plaintiff any costs. 

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