Group Claims Atiku Can’t Contest Presidential Election Due To ‘Circumstances Of His Birth’

A Federal High Court sitting in Abuja, on Thursday, adjourned till September 27, to hear a suit alleging former vice president Atiku Abubakar cannot contest for the office of the president of Nigeria due to situation surrounding his birth.

The application was filed by the Incorporated Trustees of Egalitarian Mission for Africa (EMA) in Suit No : FHC/ABJ/CS/177/18.

Atiku Abubakar, the People’s Democratic Party(PDP), the Independent National Electoral Commission(INEC) and the Attorney-General of the Federation are the first to fourth defendants.

Although the suit was filed by the plaintiff on February 11, 2018 (prior to the 2019 presidential election that was won by President Muhammadu Buhari), it was shifted for hearing in September 27, about two years before the 2023 general elections.

The plaintiff is hopeful that the court will interprete Sections 25(1), (2) and (131) of the 1999 constitution in its favor, thereby blocking Atiku Abubakar from seeking public office in the country.

“If the answer to the aforesaid questions be resolved in favor of the plaintiff, whereof, the plaintiff seeks the following relief:

“A DECLARATION that by the combined interpretation of Section 25(1) & (2) and 131(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and going by the circumstances surrounding the birth of the 1st Defendant, he cannot be cleared by the 2nd and 3rd Defendants to contest for the Office of the President of the Federal Republic of Nigeria,” the plaintiff’s court processes captured.

Among other things, the group claimed that Atiku’s place of birth in 1946 (Ganye Local Government Area in Adamawa) was not part of Nigeria at the time.

Our correspondent observed that lawyers for the plaintiff and defendants appended their signatures on the list at presiding judge Inyang Ekwo’s court.