Three legal practitioners in Abuja have asked the Federal High Court to stop the Independent National Electoral Commission (INEC) from accepting the nomination of Senator Bola Tinubu, Atiku Abubakar and Peter Obi as presidential candidates.
The lawyers predicated their request on the grounds that the trio were unlawfully nominated by their respective political parties.
In the suit marked: FHC/ABJ/CS/1004/2022, the plaintiffs, Ataguba Aboje, Oghenovo Otemu and Ahmed Yusuf also listed the Attorney General of the Federation (AGF), All Progressives Congress ( APC), Peoples Democratic Party (PDP) and Labour Party (LP) as first to fifth defendants respectively.
They are contending that APC, PDP and LP contravened provisions of the 1999 Constitution and the Electoral Act, 2022, in the conduct of the primary elections that produced their presidential candidates.
Amongst others, they are contending that the three parties flouted the law by their failure to nominate their vice presidential candidates before the conduct of their primary elections as required by law.
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Amongst issues they want the court to determine are whether by the provisions of Sections 131, 141 and 142 of the 1999 Constitution, the Office of the Vice President of Nigeria is an elective office subject to the same qualification for the Office of the President of Nigeria.
They also asked the court to determine whether by the provisions of Sections 131, 141 and 142 of the Constitution and Sections 29, 32, 84 and 152 of the Electoral Act, 2022, a candidate for an election to the office of the Vice President in Nigeria must be sponsored by a political party and whether in view of the same provisions a candidate for an election to the office of the President can be deemed to be validly nominated and declared winner of a primary election without first nominating associate from the same political party for the office of Vice President and both of them participating in the primary.
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