From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has struck out a suit challenging the Nigerian citizenship of former Vice President, Alhaji Atiku Abubakar.
In a judgement on Monday, Justice Inyang Eden Ekwo held that the plaintiff, the Incorporated Trustees of Egalitarian Mission for Africa lacked the requisite locus standing to file the suit.
The court held that the Non-Governmental Organisation NGO had no legal right in the first instance to query the citizenship of the former Vice President.
In the suit, the group had asked the court to disqualify Atiku as the presidential candidate of the Peoples Democratic Party (PDP) and to restrain him from contesting the February 16, 2019, presidential election over alleged circumstances surrounding his citizenship.
The suit which was filed on 11th February 2019, has Atiku, PDP, the Independent National Electoral Commission, the Attorney-General of the Federation and Minister of Justice as well as the Attorney General of Adamawa State as defendants.
Specifically, the plaintiff had approached the court for an interpretation of Sections 25(1) & (2) and 131(a) of the 1999 Constitution.
By the suit, the plaintiff prayed for “A declaration that by the combined interpretation of Sections 25(l) & (2) and 131(a) of the Constitution and given the circumstances surrounding Atiku’s birth, he cannot be cleared by PDP and INEC to contest for the post of president.”
Justice Ekwo, in his judgment on Monday, said: “I, therefore, hold that by the provision of Part C of the Companies and Allied Matters Act (CAMA), particularly Section 590(1) thereof, pursuant to which the plaintiff obtained registration and by which it underpins this venture, it cannot initiate this action.
“In other words, the plaintiff lacks the requisite locus standi to bring this action against the defendants.
“It is the law that where a plaintiff has been adjudged to lack locus standi, it does not matter whether that action is premature, speculative and academic, or discloses no reasonable cause of action against the respondents, or the originating process is defective and incompetent, or suit is not justiciable, or the suit is an abuse of court process.
“Lack of locus stand ordinarily means the plaintiff has no legal right or authority to cross the threshold of the court. Once the court finds that the plaintiff lacks locus standi, then the court lacks jurisdiction to consider or decide any other issue in the suit and this is the case here.
“The consequence of lack of locus standi is dire and the courts have been unwavering in making pronouncements on it. It is the law that the claims must be struck out and I am bound to follow the law,” the judge said.