Nov. 23, 2022
A Federal High Court, sitting in Abuja, has struck out a case filed by the Action Peoples Party (APP), seeking to nullify the candidature of Sen. Bola Ahmed Tinubu, as the Presidential candidate of the All Progressives Congress (APC).
The Court gave the order in suit No. FHC/UM/CS/124/2022 filed by the Action Peoples Party and others against the Independent National Electoral Commission (INEC), as the first defendant and Tinubu as second defendant and the APC, as third defendant.
The plaintiffs had prayed the Court to ask INEC, the first defendant to invalidate the nomination of Tinubu, the second defendant, who is the Presidential candidate of the third defendant.
The plaintiffs canvassed that the 2nd Defendant had allegedly submitted to the 1st Defendant false information in his form EC9 when he failed to include his Primary and Secondary education as contained in his form CF001 of 1999 submitted for Gubernatorial Election pursuant to section 29 of the Electoral Act 2022 and 131 of the 1999 Constitution of the Federal Republic of Nigeria.
However, counsel to the third defendant, Babatunde Ogala SAN filed a notice of preliminary objection on the grounds that the suit was statute barred, disclosed no cause of action and that the Plaintiff had no locus.
It further argued that it was frivolous and waste of the time of the judiciary.
When the matter came up for determination before Justice Emeka Nwite of the Federal High Court, Abuja on Monday, November 21, 2022, the plaintiff did not make any appearance in court.
Justice Nwite subsequently struck out the case for lack of diligent prosecution.