Godwin Tsa, Abuja

Justice Ahmed Mohammed of the Abuja division of the Federal High Court gave legal backing to a suit seeking to invalidate the election victory of President Muhammadu Buhari over an allegation that he violated Section 91(2) of the Electoral Act, 2010, as amended.

 The plaintiff has equally asked the court to nullify the participation of the presidential candidate of the People’s Democratic Party (PDP), Atiku Abubakar, on the grounds that he was equally in breach of clear provisions of the electoral law.

 Already, the court has ordered substituted service of the suit on Buhari, through the All Progressives Congress (APC).

The action was brought by the candidate of the National Rescue Movement (NRM), in the February 23 presidential election, Usman, Ibrahim Alhaji.

Specifically, in his suit marked FHC/ABJ/CS/191/2019, Usman Ibrahim Alhaji alleged that contrary to provisions of the Electoral Act, President Buhari, expended more than N1billion during his campaign for re-election.

He listed Buhari, the APC, Atiku, PDP, and the Independent National Electoral Commission, INEC as defendants.

 The plaintiff is among other reliefs, seeking for, “A declaration that the 1st and 3rd Defendants (Buhari and Atiku), have brazenly and flagrantly violated the provisions of Section 91(2) of the Electoral Act 2010 (as amended), having exceeded the maximum legally-allowable N1billion election expenditure for presidential candidates, taking into cognizance, the excessive, profligate and continuous extravagant presidential campaign of the 1st and 3rd defendants since their emergence as presidential candidates of their respective political parties.

“A declaration that the 1st defendant’s unauthorized use of state resources brand-named ‘TRADERMONI,’ with which the 1st defendant through his running mate, Prof. Yemi Osinbajo, has employed to tacitly induce electorates in exchange for their votes, amount to fraud covered within Section 124(1)(a) (b) (c) and Section 130 of the Electoral Act.

“A declaration that branded items such as bags of fertilizers, bags of rice, distributed to the electorate at campaign rallies by the 1st and 3rd defendants, amount to inducement of electorate in exchange for their votes, amount to fraud covered within section 124(1)(a) (b) (c) and Section 130 of the Electoral Act.”

“An order of this honourable court directing the 5th defendant (INEC) to expunge the names of the 2nd and 4th defendants (APC and PDP) from the presidential ballot papers so as to rescue Nigeria’s democracy from money bags, the influence of money, also to prevent the undue use of money, and to preserve the peoples’ sovereignty as enshrined in Section 14(2)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).”

 Meanwhile, before the matter was adjourned till March 26 for hearing, Justice Mohammed directed that all the relevant processes should be served on both Buhari and Abubakar through the legal departments of their respective political parties.