With regard to an alleged duplicate nomination, the Action Alliance (AA) has once more taken the Independent National Electoral Commission (INEC), the All Progressives Congress (APC), Asiwaju Bola Tinubu, the APC's presidential candidate, and Senator Kashim to a Federal High Court.
In a previous lawsuit now ongoing before the Abuja division of the Federal High Court, the party is requesting that the APC be disqualified from the 2023 presidential elections due to an alleged act of perjury committed by Tinubu, the party's presidential candidate.
However, the plaintiff is once more requesting the disqualification of the ruling party in a new lawsuit filed on July 28 on the grounds that it has nominated a candidate for more than one constituency in the general elections of 2023.
The AA claims that the measure violated Section 35 of the Constitution and the Electoral Act of 2022 in the new lawsuit with the file number FHC/ABJ/CS/1256/2022.
In the lawsuit brought by Mr. Ukpai Ukairo on behalf of the plaintiff, INEC, APC, Tinubu, and Shettima are named as the first, second, third, and fourth defendants, respectively.
A declaration that the nomination of the fourth defendant by the third defendant as the vice presidential candidate of the second defendant is void due to the express provision of Section 35 of the 1999 Constitution and the Electoral Act of 2022 in that the fourth defendant permitted himself to be nominated in more than one constituency for the 2023 elections is what the lawsuit is specifically asking for.
A permanent injunction prohibiting the third and fourth defendants from presenting themselves as candidates for president and vice president in the 2023 presidential election on the basis of the second defendant is issued
In addition, the plaintiff requested a second order of perpetual injunction prohibiting INEC from including the names of Tinubu and Shettima on the final list of candidates for the election in question as well as prohibiting INEC from including the APC on the ballot.
The plaintiff said that the APC broke the law when it listed Shettima as a candidate for the Borno Central senatorial race and vice president in the 2023 general elections in an affidavit presented in support of the lawsuit and deposed to by one Mr. Kalu Agu.
The 4th defendant swore to a Form EC9 in his capacity as the said candidate and same was submitted to the 1st defendant. The 2nd defendant likewise submitted the name of the 4th defendant as its candidate in Borno Central Senatorial race for the 2023 election.
That on July 15, 2022, the fourth defendant likewise sent a new Form EC9 to the first defendant via the second defendant, this time nominating himself as a vice presidential candidate.
"That the fourth defendant likewise deposed to the oath on the aforementioned Form EC9 as being nominated for the post of Vice Presidential Candidate.
"The Presidential Election and that Borno Central Senatorial Zone are two separate seats.
"The Plaintiff requested through me the certified true copies of the Forms EC9 of the Fourth Defendant for the Borno Central Senatorial Zone and the Presidential election, but the First Defendant is delaying the distribution of it to the Plaintiff," the statement reads.
