The defendants in the action with file number FHC/ABJ/CS/1743/2022 are Peter Obi, LP, and the Independent National Electoral Commission (INEC).
The Allied Peoples Movement (APM) submitted a motion asking the court to issue an injunction prohibiting the first defendant from acting in any way that would be based on, recognize, give effect to, or otherwise deal with the name of the third defendant as the party's candidate in the upcoming 2023 presidential election.
Justice James K. Omotosho decided in favour of dismissal because the plaintiff had not provided enough proof to merit a favourable decision.
When filing the initial summons, the plaintiff had asked for, among other things, “a declaration that, in view of Section 131(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 1st defendant’s election time table and schedule of activities for the 2023 general election, the 1st defendant’s electoral guidelines for the conduct of 2023 political party primary elections and nomination of candidates for election, Sections 29(1), 77(2) and (3) of the Electoral Act, 2022, which mandate the 2nd defendant to maintain a register of its members in both hard and soft copy and make such register available to the 1st defendant, not later than 30 days before the date fixed for the party’s primaries, the 3rd defendant be disqualified from taking part in or otherwise contesting the 2023 presidential election fixed for February 25, 2023.
“Provisions of Section 131 (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); the 1st defendant’s election timetable and schedule of activities for the 2023 general election, the 1st defendant’s electoral guidelines for the conduct of 2023 political party primary elections and nomination of candidates for elections, Sections 29(1), 77(2) and (3) of the Electoral Act, 2022 and the fact that the 3rd defendant became a registered member of the 2nd defendant less than 30 days to the party’s presidential primary election, which held on May 30, 2022, the 3rd defendant, herein, is disqualified and ineligible to contest the 2023 presidential elections as the candidate or flag bearer of the 2nd defendant.”