24/05/2023
PERJURY:
Court Orders Substituted Service On Tinubu...may issue judgment on Friday of whether or not to halt swearing-in of Tinubu.
By Adeoba Olusegun On May 24, 2023
Barring last minute changes, a Federal High Court Sitting in Abuja will on Friday rule on allegations of perjury filed against President-elect, Bola Tinubu by concerned Nigerians to determine whether the APC flag bearer should be Sworn-in or not.
This is coming as the Supreme court will also take a decision on double nomination of Tinubu’s running mate, Kashim Shettima.
Justice Omotosho yesterday granted an order of substituted service on Tinubu after listening to the motion for interim injunction to stop Tinubu from being sworn-in as President of Federal Republic of Nigeria.
At the hearing, the Court requested that Plaintiffs’ counsel address the Court on Locus Standi of the Plaintiffs’and Jurisdiction which the Plaintiffs’ Counsel did.
The Court eventually adjourned the Matter to Friday for hearing and ordered that Hearing Notices and all Processes be served on the Defendants with immediate effect.
It will be recalled that the Concerned Nigerians had in a motion ex-parte filed last week alongside the suit marked FHC/ABJ/C5/567/2023 alleged that Tinubu, who was declared President-elect by the Independent National Electoral Commission (INEC), lied on oath about his possession of a Guinean Passport. Tinubu was also accused of lying about his educational qualifications and uttering forged educational credentials.
The concerned Nigerians who filed the suit are Praise Ilemona Isaiah, Pastor Paul Isaac Audu and Dr Anongu Moses.
The defendants are the President of Federal Republic of Nigeria, Bola Tinubu, All Progressives Congress, Attorney-General of the Federation, Director-General of the Department of State Service, Inspector General of Police, and Independent National Electoral Commission.
The concerned Nigerians are seeking an order of the court to nullify Tinubu’s candidacy in the February 25 presidential election.
They are also seeking an order restraining President of the Federal Republic of Nigeria from swearing-in Tinubu.
The litigants are making the following demands:
“A DECLARATION that the deliberate, wilful and false information deposed to by the 2nd defendant in FORM EC9 of the 7th defendant wherein he stated that he is a not a citizen of another country apart from Nigeria, contrary to the fact that he is also a citizen of The Republic of Guinea, is a criminal offense capable of preventing the 2nd defendant from being sworn in as the President of the Federal Republic of Nigeria.
“AN ORDER of this Honourable Court nullifying the candidacy of the 2nd defendant as fielded by the 3rd defendant as its political party flag bearer for the presidential election of the 25th of February 2023.
“AN ORDER of this Honourable Court restraining the 1st defendant from allowing the swearing in of the 2nd defendant as President, Federal Republic of Nigeria, and directing the 1st defendant to ensure by all the powers within his disposal that the 2nd defendant is not sworn in, into the office of the President of the Federal Republic of Nigeria for wilfully, deceptively and deliberately misleading the 7th defendant and telling lies on oath.
"AN ORDER of this Honourable Court directing the 4th, 5th and 6th defendants to ensure that the 2nd defendant is detained, and prevented from being sworn in as the President of the Federal Republic of Nigeria, pending the determination of the Presidential election Petition before the Court of Appeal to determine the rightful winner of the 25th February, 2023 election conducted by the 7th defendant.
“AN ORDER of this Honourable Court directing the 3rd defendant to dismiss the 2nd defendant from the party for deliberately telling lies and falsely stating .in the form EC9 of the 7th defendant that he is only a Nigerian citizen contrary to the prevailing and available facts that he possesses citizenship of the Republic of Guinea.
“AN ORDER of this Honourable Court to the 7th defendant to nullify and disqualify the candidacy of the 2nd defendant for wilfully and knowingly telling lies on oath, to the 7th defendant in the form EC9 of the 7th defendant which is against the sacrosanct condition precedent for being allowed as a candidate to contest the Presidential election of the Federal Republic of Nigeria.
“AN ORDER of this Honourable Court directing the 2nd defendant to stop holding out himself as the President-elect of the Federal Republic of Nigeria, since he was ineligible and his nomination as the Presidential Candidate of the 3rd defendant a nullity owing to the deliberate false declaration, he made in the form EC9 of the 7th defendant before the Presidential election which held on the 25th of February 2023.
“AN ORDER of this honourable court restraining and barring the 2nd defendant from contesting any other election in the Federal Republic of Nigeria for the next 10 years for deliberately telling lies and give false information on oath, in the form EC9 of the 7th defendant.
In another suit, Incorporated Trustees of Governance Index Vs INEC. The Court did not Sit and the Case adjourned to 19/06/2023
In the other suit, a group of Nigerians led by Govindex Leadership, Empowerment and Development Foundation had sued the Independent National Electoral Commission (INEC) over its failure to comply with Section 160(I) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Sections 60(5) and 148 of the Electoral Act, 2022.
Govindex and six other Nigerians, in the suit filed before the Federal High Court Abuja are demanding the criminal prosecution of INEC officials who compromised the integrity of the Saturday, February 25, 2023, Presidential election.
The group is demanding five reliefs, two of which are:
A DECLARATION that having regards to the provisions of the Section 160(1) of the Constitution of the Federal Republic of Nigeria 1999(As Amended), Sections 60(5) & 148 of the Electoral Act, 2022, paragraph (Clauses) 38 (i), (ii) & (iii) of the INEC Regulations and Guidelines for the Conduct of Elections, 2022, the Defendant through her presiding officers are mandatorily required to electronically transmit, transfer or upload the scanned copy of Form EC8A result of the polling units directly to the collation system as prescribed by the Commission, that is, the usage of Bimodial Voters Accreditation System (BVAS) or such other relevant technology to upload the result into the INEC Result Viewing Portal (IReV) immediately and in real-time after completion of the polling units voting and Results procedures but before taking the results to the ward collation Centre from the polling units.
AN ORDER OF THE COURT MANDATING the Defendant to compile names of the Presiding Officers, whether ad-hoc or permanent, who failed to upload or electronically transmit or transfer the Election results of the polling units directly to the collation system as prescribed by the Commission, that is the Bimodial Voters Accreditation System (BVAS) and send the said list to office of Inspector-General of Police for investigation and prosecution within 14 days of making the Order or such time as the Court may Order.
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