Another suit filed by three people seeking to stop the inauguration of President-elect, Bola Tinubu and the Vice-President-elect, Kashim Shettima, over age falsification and citizenship status has been Federal High Court sitting in Abuja has dismissed by a Federal High Court sitting in Abuja.
In dismissing the case, the court described it as frivolous and an abuse of the court process, Persecondnews reports.
The alleged age falsification and citizenship status are contained in the document Tinubu submitted to the Independent National Electoral Commission (INEC).
In a ruling on Friday, Justice James Omotosho, held that the suit by the trio of Praise Ilemona Isaiah, Pastor Paul Isaac Audu and Anongu Moses, who identified themselves as “Concerned Citizens”, was frivolous and an abuse of the court process.
Omotosho then awarded a cost of N10 million in Tinubu’s favour, N5 million in favour of the APC and another N1 million to be personally paid by counsel for the plaintiffs, to each of the respondents.
The plaintiffs alleged that Tinubu, who was declared the winner of the February 25 Presidential poll, lied on oath in the Form EC9 he submitted to INEC in aid of his qualifications to contest the election.
They also averred that Tinubu falsely declared that he was not a citizen of any other country despite that he was in possession of a Guinean passport.
The trio further alleged that whereas the President-elect claimed that he was born in 1957, it was discovered that 1952 was his actual date of birth, insisting that Tinubu’s action was in gross violation of Section 117 of the Criminal Code Act as well as Section 156 of the Penal Code Act.
They asked the court to bar Tinubu from vying for any elective post in the next 10 years.
Omotosho ruled that the plaintiffs lacked the locus standi to file the suit, adding that the court could not exercise jurisdiction to hear it because it relates to a presidential election.
He maintained that under Section 285 (14) of the 1999 Constitution, as amended, only an aspirant could challenge the qualification or nomination of a candidate in an election.
He held that since the election has already been conducted, only the Court of Appeal has the jurisdiction to entertain cases arising from the Presidential Election.
Omotosho while accusing the plaintiffs of wasting the time of the court, held that the legal action was in bad faith as it was aimed to expose the judiciary to ridicule.
He said the suit which sought to stop the inauguration that is a few days away was capable of destabilizing democracy in the country.
On disciplinary action for the lawyers who filed the suit, Omotosho said he might be forced to refer the lawyers to the Legal Practitioners Disciplinary Committee, saying it is capable of dragging the judiciary into the mud.
