On Tuesday, the Federal High Court in Abuja is set to hear a suit filed by concerned Nigerians seeking to prevent the scheduled swearing-in of Asiwaju Bola Tinubu, the Presidential Candidate of the All Progressives Congress (APC), as Nigeria's new President on May 29. The suit alleges that Tinubu lied under oath, constituting perjury.
Simultaneously, another Federal High Court will consider a separate suit demanding a declaration that the Independent National Electoral Commission (INEC) failed to adhere to electoral laws during the presidential election held on February 25.
The perjury case against Tinubu will be heard in Court 9, while the second suit challenging INEC's compliance with electoral laws will be heard in Court 5.
In the motion ex-parte filed last week alongside the suit marked FHC/ABJ/C5/567/2023, the concerned Nigerians alleged that Tinubu, who was declared the President-elect by INEC, falsely claimed not to possess a Guinean Passport in his sworn statement, Form EC9. The individuals who filed the suit are Praise Ilemona Isaiah, Pastor Paul Isaac Ausu, and Dr. Anongu Moses.
The defendants in the case include the President of the Federal Republic of Nigeria, Bola Tinubu, All Progressives Congress, Attorney-General of the Federation, Director-General of the Department of State Services, Inspector General of Police, and Independent National Electoral Commission.
The concerned Nigerians are seeking an order from the court to nullify Tinubu's candidacy in the February 25 presidential election. They also seek an order to restrain the President of the Federal Republic of Nigeria from swearing in Tinubu.
The litigants have presented the following demands:
- A declaration that Tinubu's deliberate and false information, stated in Form EC9, where he denied being a citizen of another country apart from Nigeria, despite holding citizenship of the Republic of Guinea, constitutes a criminal offense that can prevent him from being sworn in as the President of the Federal Republic of Nigeria.
- An order nullifying Tinubu's candidacy as the political party flag bearer for the presidential election on February 25, fielded by the All Progressives Congress..
- An order restraining the President of the Federal Republic of Nigeria from allowing the swearing in of Tinubu as President and directing him to ensure, through all available means, that Tinubu is not sworn into office for willfully and deceptively misleading INEC and providing false information under oath..
- An order directing the Department of State Services, Inspector General of Police, and Attorney-General of the Federation to detain and prevent Tinubu from being sworn in as the President of the Federal Republic of Nigeria until the Presidential Election Petition before the Court of Appeal determines the rightful winner of the February 25, 2023, election..
- An order directing the All Progressives Congress to dismiss Tinubu from the party for deliberately providing false information in Form EC9 to INEC, claiming only Nigerian citizenship despite the available evidence of his possession of Guinean citizenship..
- An order for INEC to nullify and disqualify Tinubu's candidacy for willfully and knowingly providing false information on oath in Form EC9, which violates the essential conditions for being allowed as a candidate in the Presidential election of the Federal Republic of Nigeria..
- An order directing Tinubu to stop holding himself out as the President-elect of the Federal Republic of Nigeria, as he was ineligible and his nomination as the Presidential Candidate of the All Progressives Congress is invalid due to his deliberate false declaration in Form EC9 before the Presidential election held on February 25, 2023..
- An order restraining and barring Tinubu from contesting any other election in the Federal Republic of Nigeria for the next 10 years due to his deliberate lies and false information on oath in Form EC9.
In a separate suit, a group of Nigerians led by Govindex Leadership, Empowerment and Development Foundation has filed a lawsuit against the Independent National Electoral Commission (INEC), alleging non-compliance with constitutional and electoral laws. The group is demanding the criminal prosecution of INEC officials who compromised the integrity of the presidential election held on February 25, 2023.
The group seeks various reliefs, including a declaration that INEC officials are required, under the relevant laws, to electronically transmit or upload polling unit results directly to the collation system. They also demand an order compelling INEC to compile and submit the names of presiding officers who failed to electronically transmit or transfer the election results to the Inspector-General of Police for investigation and prosecution within 14 days of the court's order or as directed by the court.
The lawsuits highlight the legal challenges and controversies surrounding the presidential election and the eligibility of Bola Tinubu as Nigeria's new President. The court hearings will shed light on these matters and their potential impact on the country's political landscape.