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JUST IN: Details From Court Proceedings In Suit Seeking To Disqualify Atiku From Presidential Race
JUST IN: Details From Court Proceedings In Suit Seeking To Disqualify Atiku From Presidential Race
The Federal High Court in Awka, Anambra State, presided over by Justice Hyeladzira Nganjiwa, has adjourned hearing on a fundamental human rights suit instituted by an Onitsha-based human rights activist and lawyer, Dr. Jezie Ekejiuba, against the Federal Government and four others, seeking disqualification of the Peoples Democratic Party (PDP) presidential candidate, Atiku Abubakar, to February 1, 2023.
The Attorney General of the Federation (AGF) is the second defendant in the suit No.FHC/AWK/CS/198/2022, the Independent National Electoral Commission (INEC) is the third defendant, the PDP is the fourth defendant, and Atiku is the fifth defendant.
After hearing the ex-parte application filed by Ekejiuba for substituted service of the originating processes on respondents, Justice Nganjiwa set the date. The court granted an order that respondents be served by substituted means at their respective headquarters in Abuja.
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The plaintiff stated in the suit that allowing Atiku to run for president would violate his rights as a Nigerian citizen.
He also urged the court that it would be fundamentally wrong for President Muhammadu Buhari, a Northerner, to hand over power to Atiku, another Northerner, in 2023, regardless of the convention on power shift between the North and South.
According to him, the power rotation policy that has been in place since 1999 between Northern and Southern Nigeria should be respected, and every Nigerian should be given a sense of belonging.
In his legal argument in support of the application, the plaintiff argued that his fundamental right to be accorded a privilege or advantage is protected by section 42(1)(b) of the amended 1999 Constitution, which prohibits inequality or unequal treatment of citizens.
He also stated that under section 14(3) of the Constitution, the constitutional right to have or be given a sense of belonging to the nation, which is his privilege or advantage, is conferred on him and protected by the Federal Character Policy. He pointed out that section 318 of the same Constitution defines this as well.
Ekejiuba, the President of the Voters Rights Association of Nigeria (VRAN), is seeking N200 million in compensatory and general damages from each of the respondents for the threatened or gross violation of his fundamental right to freedom from discrimination.
He is also seeking an order setting aside, nullifying, and/or voiding any election of the 5th respondent (Atiku) as Nigeria’s next president to succeed Buhari.
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