Court Of Appeal Rejects Case Against APC, Tinubu, And Others
úThe All Progressives Congress (APC) candidate for president, Senator Bola Ahmed Tinubu, had his appeal denied by the Court of Appeal in Abuja.
The court also upheld the lower court’s ruling that had previously rejected the case for lack of merit.
In a ruling issued on Friday, the court upheld the preliminary objections raised by Babatunde Ogala (SAN) & Co on behalf of the APC, arguing that the lawsuit filed in the lower court was not a pre-election matter because the appellant is a non-governmental organization and is not a person covered by Section 285(14)a, b, or c of the 1999 Constitution (NGO).
It also ruled that the lower court’s ruling was not appealed since the second defendant’s name had been removed, and as a result, the notice of appeal was rejected by the court as being ineligible.
On the case’s merits, the Court of Appeal ruled that the appeal lacked merit and that the appellant had only sought to resurrect the disbanded NGO by using a backdoor. The Court of Appeal further ruled that the appellant’s attorney, who is also a trustee of the NGO, should bear this decision with sober reflection.
According to Sections 285(14)(a), (b), and (c) of the 1999 Constitution, the appellant was not equipped with locus, the court said. The applicant is a meddlesome invader and a busybody, the court further ruled.
The appellate court denied the appeal and granted N100,000.00 to the first through fourth respondents individually and against the appellant.
On December 15, 2022, Justice Inyang Ekwo of the Federal High Court, Abuja Division, dismissed a lawsuit brought by Emeka Nwajuba, the former secretary of state for education, and the Incorporated Trustees of Rights for All International against the All Progressives Congress and Senator Bola Ahmed Tinubu. The lawsuit was filed under the case number FHC/ABJ/CS/ 942/ 2022.
The Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, the federation’s attorney general, and the Independent National Electoral Commission are additional defendants (INEC).
