The Abuja Division of the Federal High Court has dismissed a case filed by the Action Peoples Party (APP) seeking to nullify Bola Tinubu's candidacy as the All Progressives Congress's (APC) presidential candidate in 2023.
This was stated by Bayo Onanuga, Director of Media and Publicity for the APC Presidential Campaign Council (PCC), in a statement issued on Wednesday in Abuja.
He stated that the APP and others filed the FHC/UM/CS/124/2022 suit against the Independent National Electoral Commission (INEC) as the first defendant.
"The second defendant was Bola Tinubu, and the third defendant was the APC."
"The plaintiffs had asked the court to order INEC, the first defendant, to invalidate Tinubu's nomination as the third defendant's presidential candidate."
“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,” Mr Onanuga said.
He added that counsel to the third defendant, Babatunde Ogala, however, 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.
Mr Onanuga said Mr Ogala argued that it was frivolous and a 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, Nov. 21, the plaintiff did not make any appearance in court.
“Justice Nwite subsequently struck out the case for lack of diligent prosecution,” the APC PCC Director of Media and Publicity said.
